Uganda: Retiring US Ambassador “stings Museveni for overstaying in power” but emphasizes support for Uganda’s role n regional stability

Outgoing US Ambassador Malec stings Museveni on overstaying in power as she bids farewell Nile Post, Jan 23:

The outgoing US Ambassador Deborah Malac, has aimed a dig at President Museveni and his NRM government for staying long in power saying it might lead to problems in the future.

Having served in Uganda for four years, Malac will late this month leave the country as US Ambassador but also retire to private work after spending 39 years doing US public service, mainly in Africa.

Speaking at her last press briefing on Thursday, Malac said the long stay in power and failure to have a peaceful transition will at one time lead to problems for the country.

. . . .

Speaking on Thursday, Malac however said because Uganda has never had a peaceful transition of power since independence people have a number of concerns over the same.

“I know it becomes difficult in countries like Uganda to talk about succession and transition and not sound political in the sense that you must be against or for a particular group but the issue is figuring out the other voices so they are heard and issues discussed,” she said.

The outgoing US Ambassador who has been in Uganda for four years, has been very vocal on issues of human rights and democracy and has on several occasions been accused of interfering in local politics after being viewed as being pro-opposition but speaking about the same, she said she does not care about what many think of her.

. . . .

Uganda remains a cornerstone of stability in the region says outgoing US Ambassador MalacNile Post, Jan 24:

. . . .

In 2007, Uganda was the first country to deploy troops in Somalia under the AMISOM and turned around what had for long been termed as a “mission dead on arrival.”

The Ugandan troops are deployed in Sector One in Benadir,(has 16 districts) Banadir, and Lower Shabelle regions having pushed Al Shabaab militants for over 200km away from Mogadishu city for normalcy to return to the capital where the militants roamed freely.

. . . .

She said that in her time, the US has supported the training, equipping and deployment of nearly 25000 Uganda military personnel to Somalia to help in improving regional security and stability.

Uganda has been at the forefront of fighting Allied Democratic Forces that have made life difficult in the volatile Eastern region of the Democratic Republic of Congo where they roam freely and have killed thousands of locals.

Uganda has also played an important role in brokering peace in the continent’s newest country, South Sudan.

. . . .

The Kampala government has also been influential in ensuring peace in Burundi and Central African Republic.

The outgoing US Ambassador said her government will continue supporting Uganda’s efforts to ensure stability in the region.

. . . .

See also “US Ambassador bids Museveni farewell“, Daily Monitor, Jan 17.

Uganda campaign flyer on tree says vote NRM Yoweri Museveni for peace, unity and transformation for prosperity

Al-Shabaab Manda Bay attack investigation update from AFRICOM

AFRICOM public affairs has released today an update on the investigation of the January 5 al-Shabaab attack at Kenya’s Manda Bay and US air operations:

U.S. Africa Command continues to investigate the Jan. 5 attack on the Kenyan Defense Force Military Base in Manda Bay, Kenya, that killed U.S. Army Spc. Henry J. Mayfield, Jr., and two U.S. contractors, Mr. Bruce Triplett and Mr. Dustin Harrison.

The tragic loss of these brave Americans and the damage and destruction to aircraft demonstrates the enemy achieved a degree of success in its attack. However, despite public reports, an initial assessment indicates that a timely and effective response to the attack reduced the number of casualties and eliminated the potential for further damage.

In the early morning hours of Jan. 5, al-Shabaab initiated mortar fire on the Kenyan Defense Force installation and Camp Simba, while simultaneously assaulting the airfield. U.S. forces are primarily located at Camp Simba, about one mile from the airfield. Shortly after the attack began, U.S. forces at Camp Simba quickly responded and actively counterattacked the enemy at the airfield.

U.S. forces and Kenyan Defense Forces repelled the attack, killing five al-Shabaab terrorists with no additional losses to U.S. or Kenyan personnel. While numbers are still being verified, it is estimated that several dozen al-Shabaab fighters were repelled. Because of the size of the Kenyan base, clearance and security operations continued for several more hours to ensure the entire base was secure.

In Kenya, U.S. forces are primarily responsible for training Kenyan forces, sharing intelligence, and personnel recovery. There are fewer than 350 Department of Defense personnel in Kenya.

“The attack at Manda Bay demonstrates that al-Shabaab remains a dangerous and capable enemy,” said U.S. Army Gen. Stephen Townsend, U.S. Africa Command commander. “They are a menace to the people of East Africa and U.S. national interests there and their sights are set on eventually attacking the U.S. homeland. It is important that we continue to pursue al-Shabaab and prevent their vision from becoming a reality.”

Since 2010, al-Shabaab has killed hundreds of innocent people outside the borders of Somalia.

Immediately following the Jan. 5 attack, U.S. Africa Command sent senior leaders to inspect the site and speak with on-scene leaders and troops to assess any immediate actions required. Simultaneously, the command launched a senior-leader-led Army 15-6 investigation. The investigation team is looking into the facts and circumstances surrounding the attack. The full findings of the investigation will be released following family and Department of Defense notification.

Increased force protection measures have been put into place and U.S. Africa Command will pursue the attackers until they are brought to justice.

###

This follows the New York Times report yesterday that got widespread attention and coverage in the Kenyan media: “Chaos as Militants Overran Kenyan Airfield, Killing Three Americans“.

The performance of the Kenyan security forces during and after the battle frustrated American officials. At one point, the Kenyans announced that they had captured six of the attackers, but they all turned out to be bystanders and were released.

There are about 200 American soldiers, airmen, sailors and Marines, as well as about 100 Pentagon civilian employees and contractors, in Kenya helping train and assist local forces. A large majority of them work at Manda Bay, according to military officials. But there were not enough Americans to stand perimeter security on the airfield, one Defense Department official said.

American forces have used Manda Bay for years. Special Operations units — including Green Berets, Navy SEALs and, more recently, Marine Raiders — have helped train and advise Kenyan Rangers there.

See “101st Airborne deployed to Manda Bay after al-Shabab attack” today from Military Times.

Kenya: How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2020?

Since I asked this same question in January 2019 we have seen finally publication of the initial Building Bridges Initiative report delivered to President Kenyatta and released to the public, as I have discussed in a few posts, but the overall question on how things play out in 2020 remain essentially the same. Ambassador McCarter has made clear that the United States remains committed to the Building Bridges Initiative even if he did not personally agree with a few things in the report.

Here it is:

Kenya: How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2019? – AFRICOMMONS:

What will 2019 hold for the relations between the United States and Kenya, particularly the Trump-Pence and Kenyatta-Ruto Administrations?

Kyle McCarter, just confirmed by the U.S. Senate as Trump’s man in Kenya, after a delay since last spring, will shortly replace Robert Godec who shepherded U.S. interests as defined by the Obama and Trump Administrations, respectively, during the UhuRuto election in 2013 and re-election in 2017. The 2020 American presidential race is kicking off now a year ahead of the party primaries so it does not seem likely that McCarter’s efforts in Kenya will command a high place in the U.S. President’s personal attention soon. (If Trump is re-elected it would seem a fairly safe bet that McCarter would stay on for Kenya’s 2022 election, but as a political appointee he would likely be replaced in 2021 if the White House changes hands.)

It has been interesting to see a higher public profile recently from the U.S. administration on efforts to combat narcotics trafficking networks operating in and through Kenya, along with anti-addiction programs. McCarter has a voluntary service background in this challenge at home in Illinois in addition to his family missionary work in Kenya, so this might be a place where his talents would especially dovetail with diplomatic priorities. Here is a summary of the work of the State Departments’s Bureau of Narcotics and International Law Enforcement in Kenya.

We have also seen an encouraging new development with the recent and current prosecutions by the U.S. of cases involving bribery of high government officials in Uganda and Mozambique (going along with the U.S. extradition and prosecution of members of the Kenya-based Akasha narcotics trafficking syndicate). See the Amabhungane story on the Mozambique cases here.

The U.S. has been quietly supporting capacity building for Kenyan prosecutors; some people, including some Kenyans, think that the Director of Public Prosecution is now closer to “the real deal” than his predecessors and that President Kenyatta is actually now waging a form of a genuine if limited “war on corruption”. (We shall see.)

On the Kenyan side, with the end of 2018 we reached the end of the first year of the Second UhuRuto Administration and the first year of “Uhuru’s Big Four Agenda”.

In late 2017 we witnessed the opposition-boycotted “fresh” presidential election conducted by the highly controversial (and at least to some extent corrupt we now know) IEBC, followed by an international diplomatic circling of the wagons to close out Kenya’s political season on that basis.

Uhuru’s Jamhuri Day speech in December 2017, a month after his second inauguration, announced the UNDP (United Nations Development Program)-supported “Big Four Agenda”.

“On reflection, I came up with four responses to your concerns. I call them the Big Four: food security, affordable housing, manufacturing and affordable healthcare for all. During the next 5 years, I will dedicate the energy, time and resources of my Administration to the Big Four.”

Fulfilling these development targets would be the prospective reward to ordinary Kenyan citizens for their role, such as it was, in the re-election drama, and serve as Uhuru Kenyatta’s “legacy”, to cement his place within Kenya’s First Family and presumably secure the status of yet another generation of Kenya’s post-colonial pre-democratic elite.

I was struck by the fact that the Jubilee/UhuRuto election campaign did not offer the “Big Four” as its electoral platform. Needless to say, it is a bit incongruous to see the Jubilee Government and its international supporters (the same ones funding Kenya’s serially corrupt electoral management bodies) not offer a serious nod toward seeking a direct democratic mandate for such an ambitious and aggressive program to define a Kenyan president’s term in office.

I am fully in support of the concepts of “the Big Four” in having the Government of Kenya actually prioritize the common welfare of Kenya’s citizens. It is just that this type of service provision is frankly head-spinningly counterintuitive coming from Kenya’s existing political class. Anyone who has been blessed to live in Kenya and follows its politics must have asked at the inception a year ago if this “Big Four” was not just the another expression of foreign ambitions projected on Kenya and indulged by Kenya’s elite for their paramount purpose: looking out for themselves.

Now that a year has gone by, the attention of Kenya’s governmental leaders draws more and more tightly around their next election in three-and-a-half years while the reality of the debt load from the most recent pre-election period bears down. It would seem that skepticism was well warranted.

The United States reportedly took a key “leading from behind” role in late 2017 and early 2018 in bringing Raila into some form of post-election accommodation with the Kenyatta’s while taking both a publicly and privately assertive position against the “People’s Presidency” inauguration gambit last January. Since that time we have a new Secretary of State, a permanent Assistant Secretary for the Africa Bureau, and now a new Ambassador, but no open discontinuities in Trump Administration policy on Kenya. Dr. Jendayi Frazer who was the Assistant Secretary in 2007-08 is still around in the same various private capacities as she was in during 2013 and 17 (as far as I know). She was most recently in the Kenyan media visiting with Mombasa County Governor Joho, reportedly discussing “violent extremism” before a Mastercard Foundation event. Most of the other people who were involved in Kenya diplomacy and policy at a senior level in the Obama years are in quasi-official related positions and/or the Albright Stonebridge Group, awaiting a change in administration if not retired.

With the “handshake” between Uhuru and Raila it seems that Kenya’s opposition has been left with less power in parliament than at any time within the past twenty years.

Certainly Daniel arap Moi must rest easy knowing that the rumors of his political demise were greatly exaggerated. His succession project from 2002 has more-or-less succeeded. Kenyans are freer as a matter of civil liberties now than they were during the days of his rule as recorded in history and as described to me by politicians who were in opposition back in 2007 but have circled back in the years since. At the same time, extra-judicial killing remains a constant threat to the poor and to anyone whose exercise of those liberties might seem to present a real challenge to the political status quo. The killings by State security forces in support of the 2017 elections were significantly escalated from 2013 and after ten years it is now safe and necessary to say that the post-election violence of 2007-08 has been effectively ratified by the State as the violence of 1992 and 1997 under Moi was. And Kenya may be even more pervasively corrupt than ever. Elections arguably peaked in the 2002 landslide.

The “international community” as it identifies itself has accepted and moved on from its abject defeat by Kenya’s political elite (and by its own vanity and lack of substantive commitment) on the issue of “justice” for the politically instrumental murder and mayhem of 2007-08.

Trump’s “New Africa Policy” as per National Security Advisor John Bolton suggests that we should not expect any separate new “flagship” initiatives for development or assistance from the U.S., nor other major changes emanating from the White House. The “New Africa Policy” could be seen as raising questions of how far the U.S. will be willing to financially underwrite the “Big Four” approach on development assistance. Bolton himself was both the intellectual and political leader of the campaign to keep the ICC as far from any interaction with U.S. policy as possible and is a career U.N. skeptic. There are elements of the approach talked about for “the Big Four” that fit up with what we hear from USAID in the Trump era, in particular a heavier focus on creating opportunities for private foreign investment coupled with reduced direct assistance spending. At the same time, the sexiest sector for investment under the Big Four, under Universal Health Coverage, is predicated on the rejection of the Republican approaches to healthcare in the United States, so the rationale for U.S. Government support under a Trump Administration is fuzzy at best.

Just as most of Kenya’s major politicians have history as cooperators in some fashion with Kenya’s single party KANU regimes, some of those around Trump worked for Moi directly (Paul Manafort and Roger Stone most conspicuously) and Americans of longevity in the Foreign Service have background with the USG-GOK alliance under Moi. It will be interesting to see where Ambassador McCarter fits into this history.

On one hand, McCarter is a Trump political appointee from Republican politics; on the other his background with Kenya as a missionary makes him a somewhat anomalous figure in the world of Black, Manafort and Stone, Cambridge Analytica and other Trump-connected international operatives and lobbyists, and with Donald Trump and his Organization, the global hotel/gambling developer and brand broker.

McCarter has been around Kenya independently and will have is own pre-existing relationships and his own impressions on Kenya’s politics not tied to the Trump family.

McCarter’s religious background as an Oral Roberts University graduate and missionary in itself, and political background as an elected official from a less urbanized portion of the American Midwest may give the new Ambassador some head start in relating to ordinary Kenyans over someone from a more typical background for a professional diplomat.

Will McCarter tuck comfortably into the pre-existing Bush/Obama/Trump policy for Kenya of accentuating the positives about those in power and how we can keep things quietly spinning without risk of disruption? Or might he be more plainspoken? How will he see his role in the “handshake” and “Building Bridges” endeavor as Kenya’s pols move more quickly on to jockeying for advantage for the next dispensation from 2022? Can McCarter find a way to contribute something lasting on corruption and law enforcement even if the “Big Four” is “overcome by events” as politics moves on?

Kenya visit by IFES President Bill Sweeney March 2017 An earlier Handshake: IFES president Bill Sweeney calls on Jubilee Speaker of National Assembly Justin Muturi on visit coinciding with IEBC’s announcement of sole source deal with Safran Morpho to acquire Kenya Integrated Election Management System (KIEMS) in March 2017. Sweeney also brought the new IFES country director for its USAID election support program who was hired to replace the director who had been purged following criticism from the Jubilee Party and the Kenyatta Administration.

#BBIReport: Even American Assistant Secretary of State Jendayi Frazer testified to Congress during the 2008 Post Election Violence that Kenya critically needed “land tenure reform”

On the question of Kenya land reform, let me take a very long quote from Father Gabriel Dolan’s weekend column in The Standard: “BBI Team cannot close eyes to unanswered questions on land”:

How in God’s name can you produce a 156 page report entitled From a Nation of Blood Ties to a Nation of Ideals and have nothing to say on the matter of land? What about the politically instigated land clashes? What about the land grabbing that was modus operandi of the governing elites and their cronies for a half a century? This could hardly have been an oversight; more like a deliberate decision to ignore the subject matter! 

Worse still, sceptics even suspect that the content on land was expunged as it was in the TJRC report. Is the BBI team suggesting that the land question has been resolved and everything is hunky-dory? Is there no recognition that there are many unresolved ethnic issues over land ownership? How can they devote a whole chapter on corruption and just dwell on the pilfering of the coffers when the looters only headed there after they had grabbed most of the public land? How can they really talk about addressing inequality and not acknowledge that a few powerful families own up to two million acres of land while the poor are forced to build homes on river banks and slopes prone to landslides? Put another way, does the BBI team believe that land is not a matter that must be dealt with at this time, or do they imagine that it will resolve itself?  

The only obvious justification for such a grave and deliberate omission must be that the authors did not want to ruffle the feathers of their appointing godfathers. They wanted to present a very sanitised and safe report. In other words, this report was intended for the most part to maintain the status quo and keep wananchi occupied while nothing of substance would really change. When the political class praised the proposed reforms, you can be assured that they see the BBI as a means to consolidate and reinforce their power, not surrender it. When the rest speak of real change, the elites get worried and conspire to silence you.  

Just in case you suffer from amnesia, the Ndung’u Report revealed that there are 200,000 illegally acquired land titles, whose acreage totals over a million in the hands of thieves. How many of those has the National Land Commission or the EACC repossessed? Advocates of real change should be very angry because the BBI was designed to maintain, not challenge or restrain, the ruling class.

Now going back to the period of the Post Election Violence. On February 7, 2008 when the U.S. Senate Foreign Relations Committee Africa Subcommittee held a hearing on “The Immediate and Underlying Causes and Consequences of Kenya’s Flawed Election” (in addition to being asked about the then-unreleased USAID-funded IRI exit poll) Assistant Secretary of State Jendayi Frazer provided testimony about the roots of the underlying persistent violence associated with contestation for political offices in Kenya and stated explicitly in her prepared submission “land tenure reforms are critical to end the current crisis and prevent future ones” (p. 9 of Hearing Record linked above).

Let me also highlight the testimony of Katherine J. (Kate) Almquist, then Assistant Administrator for Africa at USAID:

“. . . since longstanding issues about land tenure were among the factors fueling the crisis in western Kenya, we believe that supporting reform relating to land tenure and property rights will be critical. There is a compelling need for land reform, leading to the security and regularization of tenure and property rights. A draft national land policy and related implementation plan are already in place, and there has been broad consensus among Kenyans that this draft national land policy reflects national sentiment.

USAID is already a partner in the land sector, and we anticipate increasing our assistance in this regard.” (pps. 12-13 of Hearing Record).

Kenya manufacturing shrinks and exports to region fall, contributing to job losses, raising more questions on #BBIReport

I had not realized quite how badly this was going, as reported in Standard story this weekend.

No wonder Kenyans On Twitter are energized against the performance of the Government in a seemingly broader and deeper way than in the past when the the economic malaise did not get as deep into the “middle class”.

The employment emergency described by the BBI Report is real, but the proposed solution is rapid industrialization for regional exports. There was already a credibility problem for the current Government as to what in the Building Bridges Initiative would make that type of rapid growth likely to happen. Now we see that the actual performance of the current system is not slow growth but rather a sharp decline in manufacturing and regional exports.

And again, a lot of the problem is thinking based on a relatively paternalistic environment where as long as Kenya “played by the rules” the major world economic powers that could otherwise squash Kenyan manufacturing at least conceptually would cheer Kenya on in developing into a regional manufacturing leader. In the real world of 2013 to date and in the future envisioned by the BBI, Kenyan manufacturing has to compete with Chinese manufacturing both domestically and for regional exports. And China doesn’t have the debt problem that Kenya now has.

Good news and bad news on the effectiveness of American “democracy assistance”: we spent most of the money where war precluded meaningful opportunity

The conjunction of war and democracy assistance has been brought back to the fore for me the publication by The Washington Post of its “Afghanistan Papers” series.

The bottom line on the Afghanistan war for me is that those who warned that we were risking losing Afghanistan to invade Iraq (who seemed persuasive to me at the time) turned out to be right:

Drawing partly on the interviews but largely on other government documents, SIGAR [the Special Inspector General for Afghan Reconstruction] published two Lessons Learned reports in 2017 and 2019 that highlighted an array of problems with the Afghan security forces. The reports followed several SIGAR audits and investigations that had pinpointed similar troubles with the Afghan army and police. 

But the Lessons Learned reports omitted the names of the vast majority of those interviewed for the project, as well as their most biting critiques. The Post obtained notes and transcripts of the interviews under the Freedom of Information Act (FOIA) after a three-year legal battle. 

“We got the [Afghan forces] we deserve,” Douglas Lute, an Army lieutenant general who served as the White House’s Afghan war czar under Presidents George W. Bush and Obama, told government interviewers. 

If the U.S. government had ramped up training between 2002 and 2006, “when the Taliban was weak and disorganized, things may have been different,” Lute added. “Instead, we went to Iraq. If we committed money deliberately and sooner, we could have a different outcome.”

It may be that we never really had a chance to achieve a desirable outcome but we made an alternative choice that appears to have precluded what chance there was.

Of course I cannot truly be surprised by pervasive “spin” about Afghanistan because of my experience in Kenya in 2007-2008 and the lack of response from the government and the official democracy assistance fraternity to the my disclosure of dishonesty in how we (the U.S. Government) addressed election fraud in Kenya and how we handled the inconvenient exit poll showing an opposition win and some of the inconvenient things we witnessed as election observers at the polls. [Not to mention what we all knew about Iraq by 2007.]

Even though most “name brand” experts and U.S. Government funded institutions seem to agree that globally democracy is in some form of recession, it is hard to know whether serious and purposeful United States-funded democracy assistance programming might have potential benefits because most of the money and effort has gone to war adjunct “nation building” as in Afghanistan where it turns out that nearly everyone has “privately” been admitting that we do not know what we are doing or should be doing and thus have no real chance of genuine success.

During my time with the International Republican Institute in the late Bush Administration the dominant “democracy promotion” or “democracy assistance” programs were Iraq followed by Sudan. Shortly after I finished my time in the barrel in Kenya in mid-2008 the venerable Center for Strategic and International Studies convened a blue ribbon panel to look at the reputation problem of the term “democracy promotion” due to the association with experimental “expeditionary warfare” in Iraq. Thus the pivot from “democracy promotion” to “democracy assistance”.

By the later Obama years Afghanistan, followed by Iraq and newly severed but but failing South Sudan were getting most of the democracy assistance dollars.

A Government Accountability Office report on Democracy Assistance, GAO-18-136, notes “Total USAID democracy assistance funding for projects in Afghanistan was greater than for any other country, amounting to almost 39 percent of USAID’s total democracy assistance obligations during fiscal years 2012 through 2015.” Here are the totals for the top fourteen USAID democracy assistance FY 2012-16 “places of performance”:

Afghanistan 1,650M

Iraq 238M

Regional/Global 201M

South Sudan 159M

Mexico 102M

Columbia 86M

Honduras 81M

Pakistan 79M

Bangladesh 76M

Haiti 73M

Liberia 68M

Egypt 65M

Kenya 60M

Indonesia 60M

*Note this is just USAID and does not encompass the separate Department of Defense and State programs, and much smaller amounts from the National Endowment for Democracy.

Back in 2007 in Kenya, a country on the brink of crisis, but supposedly of vital interest to the United States, most of the democracy assistance money being spent in the country was the “back office” operations for the vast (as measured in dollars anyway) pre-independence Southern Sudan operation.

People in Washington paid so little attention to democratization in Kenya in 2007 as to fail to realize or at least act on the risks of having the Ambassador “looking and pointing the other way” as Kibaki rather openly stole re-election (even though the opposition was also pro-Western and friendly to the United States so there was no bona fide nation interest served by those Americans who subverted our own meagre democracy assistance program).

In 2013, even after the disaster of 2007, we deliberately chose the path of non-transparency when our funded purchasing of the Results Transmission System for the election was botched and the system failed to work. Kenya’s Supreme Court shut down a partial recount that showed serious problems and affirmed the questionable tally of the Electoral Commission (litigating with undisclosed American-funded assistance) to avoiding by a whisker the runoff that the pre-election polls predicted. The Supreme Court ordered an investigation into the procurement fraud cases, but the Kenyan executive authorities simply ignored the order. My FOIA research so far documents discussion among the donors involved in the UNDP “basket fund” including the United States, whether to cooperate with a subsequent investigation by Kenya’s Ethics and Anti-Corruption Commission, but I do not know the outcome as I continue awaiting processing of remaining documents from my 2015 request to USAID.

In hindsight, I should have read more into the decision of my late friend Joel Barkan to stay home and “watch” that election from Washington. By 2017, the incumbent Kenyan government was clearly not committed to providing a level playing field and I stayed home myself. No incumbent Kenyan president has been found by a Kenyan election commission to have failed to “win” his re-election. The misfeasance on the technology for 2017 was blatant enough in that instance for the Supreme Court to annul the presidential vote, in spite of diplomatic and observer support for the announced outcome. The environment was too fraught with mistrust at that point to provide a mutually acceptable platform for a re-vote and Kenyatta was re-inaugurated after an opposition boycott.

Kenya’s political class is now focussed primarily on the 2022 campaign. The joint “Building Bridges Initiative” report released this month proposes that the remants of the Electoral Commission of Kenya from the 2017 vote be “bought out” and a new commission constituted, as was done following the problems in 2007 and 2013, but no action to implement this is yet pending.

In the meantime, much our policy in Somalia has been a variable secretive melange of counterterrorism, war and nation building with a sprinkling of democracy assistance. There is no Special Inspector General for the war in Somalia so we will not have created the kind of record that the Washington Post has been able to obtain on Afghanistan, but perhaps someday we will all know more. By May 2006 the Post did report: “U.S. Secretly Backing Warlords in Somalia” and by that December we secretly supported the Ethiopian military invasion to re-instate the Transitional Federal Government in Mogadishu.

On #AntiCorruptionDay do not forget how then-fugitive Gideon Mbuvi (“Sonko”) came to Parliament in 2010

With the arrest of Nairobi Governor Gideon Mbuvi (“Sonko”) in Voi on charges of corruption and of fleeing charges and a jail sentence in Mombasa dating back to 1998, it is important to remember how Sonko came into national politics in Nairobi in the first place.

My only personal encounter with Sonko was when he showed up as MP and potential Senator-elect at the Milimani Law Courts in March 2013 when civil society leaders I was working with sought an injunction to stop the IEBC under Isaack Hassan from announcing Presidential election results after shutting down the Results Transmission System, which had allegedly unexpectedly failed (it has turned out the procurement was botched in the first place so the Results Transmission was not ever going to work).

Sonko entered politics and was elected as Member of Parliament from Nairobi’s Makadara Constituency in the by-election of September 20, 2010, as the nominee of the NARC-Kenya party led by Martha Karua, then MP for Gichuga.

Karua was appointed by President Kibaki as Minister of Justice in 2005 following the defeat of the “Wako Draft” constitution at referendum by the nascent Orange Democratic Movement, and reappointed by Kibaki in his original “half-Cabinet” of January 8, 2008 during the Post Election Violence period. Karua resigned as Justice Minister in April 2009 (being replaced by Mitula Kilonzo, father of current ODM Senator and Sonko defense attorney Mitula Kilonzo, Jr.) but one would think she and NARC-Kenya would have had resources to vet Sonko’s background if they were not familiar.

The by-election for Makadara was one of several occasioned by the courts upholding election fraud challenges against the Samuel Kivuitu led and internationally supported Election Commission of Kenya that also failed so obviously in the Presidential race.

As the Daily Nation explained in an article headlined “Makadara rivals bet on the slums” at the time Sonko originally had support of a faction within the ODM party before intervention of party leader Raila Odinga, then Prime Minister in Kibaki’s second administration (sometimes referred to as the “Government of National Unity”):

In Makadara, the roles were reversed in 2007 as ODM’s Reuben Ndolo was ousted by Mr Dick Wathika of PNU. Mr Ndolo also successfully challenged the results in court.

. . . .
The two main parties are seeking to boost their numbers in Parliament ahead of 2012.

The fight is about numbers, especially given that ODM will be seeking to turn the tables on PNU after losing a number of by-elections in the recent past,” Nairobi lawyer and political analyst John Mureithi Waiganjo said.

The party lost in Matuga at the Coast and South Mugirango in Kisii, seats it was expected to win.
Mr Waiganjo says the by-elections also come at a time when ODM, whose party leader Raila Odinga, is at the forefront in pushing for reforms ahead of 2012 elections, requires numbers in Parliament to effect the changes.
The lawyer named Mr Ndolo and Mr Wathika who were on the same side of the referendum campaigns, as the front runners for the seat. But Narc Kenya’s Gedion Mbuvi, popularly known as Mike Sonko, could spring a surprise. 
Mr Mbuvi, who intially sought the ODM ticket, has run a well-oiled, high-profile campaign that has excited many, especially youthful voters.
However, it is his alliance with Nairobi deputy mayor George Aladwa, the Kaloleni ODM councillor, that has been causing Mr Ndolo and the party sleepless nights. Although even PNU’s Wathika received a direct ticket, it is in ODM that the consequences of the nomination fallout are likely to be most felt. 
Mr Aladwa, who was said to have supported the deep-pocketed Mbuvi for the ODM ticket, has been leading a rebel faction which may seriously dent the party’s chances of victory.
Last week, party leader Odinga was forced to intervene in the matter.
At a meeting called by the Prime Minister, Mr Ndolo and Mr Aladwa pledged to bury the hatchet and work together to win the seat for the party. But there has been little evidence on the ground to show the two are back together. Even the joint rally they agreed to hold is yet to happen.
Mr Aladwa is popular among the Luhya, a significant section of voters in the constituency, and the tension between him and Mr Ndolo can only hurt the ODM candidate.
But Mr Ndolo believes that he has an upper hand after reconciling with Mr Dan Shikanda, a former soccer star, who contested the seat in 2007 on a Narc ticket and who could also influence the Luhya vote. Pundits believe that had Mr Shikanda not broken ranks with Mr Ndolo in 2007, ODM would easily have clinched the seat.

After winning the by-election by defeating both Ndolo of ODM and the PNU Party nominee Wathika on the ticket of PNU Coalition member NARC-Kenya, Sonko later left NARC-Kenya and joined PNU successor party Jubilee to successfully run for Senate in 2013 and then Governor in 2017. Karua ran separately for president as the NARC-Kenya nominee in 2013 and for Governor of Kirinyaga in 2017.

Hon. Karua has been a member of the International Advisory Council of the International Republican Institute (the organization I worked for in Kenya during the 2007 election) since 2015. The Council is a “select group of recognized leaders from around the world who share in our vision of democracy and freedom, and are willing to lend their names and counsel to this cause.”

Quick thoughts on Mayor Pete’s 2008 Somaliland vacation and related op-ed

Pete Buttigieg, Democratic candidate for president, is current mayor of South Bend, Indiana, in the Great Lakes region. South Bend is known nationally mostly as the home of Notre Dame University. Notre Dame is famous here in the American South as one of the traditional Northern powers in American college football and for a period of years in the last century a rival to the University of Alabama.

In 2008 “Mayor Pete” was back in the United States as a McKinsey Consulting “whiz kid” based from the Chicago office after his Rhodes Scholarship at England’s Oxford University and had joined the Washington-based Truman National Security Project, but had not yet become an officer in the United States Naval Reserve. In other words, he was taking a normal prep course to run for president. His membership in the Truman Project distinguishes him as a Democrat.

In July 2008, Buttigieg and Nathaniel Myers, identified as a “political analyst” in Ethiopia, had published in the New York Times an op-ed under the understated headline “Tourists in Somaliland“. I have no clear idea why. The substance of the article is not about tourism but rather the argument that the United States was failing to adequately support Somaliland and should initiate formal recognition, but with very little real detail or heft. Myers was working as a World Bank consultant in Ethiopia at the time according to his a bio online at the Carnegie Endowment where he worked until recently. Myers also published two op-ed pieces in 2010 in Foreign Policy on the authoritarianism of Meles Zenawi in Ethiopia and analogizing Eritrea as “Africa’s North Korea”. My involvement in East Africa has been as a democracy advocate so I agree with the sentiments of Myers’s writings, even if I don’t think the “Tourists” piece with Buttigieg was really on point.

Where the “Tourists in Somaliland” piece misses the mark is failing to notice that USAID was supporting Somaliland, albeit in a constrained and unusual way. I am particularly aware of this because in the fall of 2007, as the resident director for East Africa based in Nairobi at the International Republican Institute, I was asked by IRI management to extend my unpaid leave from the law department at Northrop Grumman, the defense contractor, to stay past my scheduled January 2008 return to the States following Kenya’s December 2007 elections because of our new increased work for Somaliland. In particular we were tasked unexpectedly by USAID to open an office in Hargeisa and Somaliland parliamentary elections were scheduled for April 2008.

Northrop Grumman generously agreed to give me additional “public service leave” through June 1 so long as I promised to definitely be back at that time. As it turned out the April 2008 parliamentary elections were postponed, and sadly have faced serial postponements since, with the latest being challenged in court now. Somaliland presidential elections have continued successfully, however.

In the picture below I am visiting with the leadership of the Kulmiye Party on behalf of our USAID-funded IRI program in November 2007. Chairman “Silyano” is to the far right and I am next to him. Silanyo served as President of Somaliland from 2010-2017.

With Silanyo and Kulmiye leaders in his office

As late at least as mid-2008, US Government civilians and direct contractors were not allowed to travel to Somaliland, which is perhaps one of the reasons USAID was keen for us at IRI to ramp up and open an office. Later Buttigieg did work visits to Iraq and Afghanistan under contract to an unidentified US department. As an employee or partner at McKinsey as a US Government contractor Buttigieg would not have been able to go to Somaliland on business under ordinary circumstances to the best of my understanding. As employees of a Government-funded NGO working under a “Cooperative Agreement” with USAID rather than a “Contract” we at IRI were not subject to that restriction.

During our Election Observation Mission for the ill-fated Kenyan December 2007 election, we brought a group of observers from Somaliland under the Somaliland program. This was a successful endeavor for that program although their return was slightly delayed by the violence triggered by the Kenyan election fraud (see my piece “The Debacle of 2007” in The Elephant). Somaliland has continued to have peaceful presidential elections with incumbent parties accepting narrow defeats at the polls twice, including with Silanyo’s accession in 2010.

I am not sure whether Somaliland has been better off or worse off over these intervening years for not being formally recognized while agreeing sentimentally with the desire that the Somalilanders’ achievement of defacto independence be “blessed” legally.

One primary issue is the unsettled territory in the borderlands between Somalia’s Puntland state and Somaliland. See the latest in a new report from the Institute for Strategic Studies: “Overlapping Claims by Somaliland and Puntland: the case of Sool and Sonaag.” One of the key events in the history discussed in that report was the takeover by Somaliland of Las Anod after the defection of Ahmed Abdi Haabsade, former Puntland Defense Minister in November 2007, whom I met when he arrived in Somaliland’s capital, Hargeisa:

Somaliland Hargeisa Foreign Minister Puntland 2007

As fate would have it a month before Mayor Pete’s op-ed on Somaliland ran in The New York Times on July 31, 2008 a Times investigative reporter contacted me at my office in Mississippi about the unreleased IRI exit poll showing an opposition win against Kibaki in that December 2007 election in Kenya. I gave the interview and initial follow-up that contributed my input into the investigation that the Times eventually reported on on the front page, after the Obama inauguration, on January 30, 2009: “A Chaotic Kenya Vote and a Secret U.S. Exit Poll.

Important Kenya BBI reads, and my comments

Patrick Gathara, Al Jazeera English: “Kenya’s BBI is the political elites’s attempt to rewrite history

Waihiga Mwaura, BBC: “Letter from Africa: Is Kenya building bridges to nowhere?

Gov. Anyang’ Nyong’o, Star: “We need honest and patriotic debate on the handshake report

US Embassy: Ambassador Godec’s Remarks for National Dialogue Conference, September 11, 2018

Star news report, Nov. 28: US Ambassador McCarter hails BBI report as key to unity

My comment: I have read much of the report in some detail, but still working through some sections. When Ambassador McCarter hails the report and suggests that Kenyans should not comment until they have read it, he does let us know that it is intended to be an elite consensus to be handed down into Kenya’s democratic politics such as it is.

Figures on internet penetration in Kenya are, inevitably, as inconsistent as figures on Kenya’s population. Some assert that more than 85% of Kenyans have internet access, but so much of that is strictly mobile and expensive for data that reading the full report while suspending comment is quite a big ask. The Ambassador obviously is a very quick reader based on the timing of the release and his comments to The Star.

On substance, I find Kenya’s elites to be smart, well educated and well spoken, so it is no surprise that within the details of the report I find a lot of exposition that is appealing to me. How seriously is it to be taken? One has to compare the track record of these elites to past performance, which while giving no guaranty of the future, is the most tangible thing to go on in trying to guess whether they are serious. That part does not weigh in favor of getting too excited about the document one way or the other.

As an example, look at the recent US attack on Senator Amos Wako for his alleged corruption as Kenya’s attorney general during the Moi and first and second Kibaki Administrations at the same time he was a key member of the BBI effort. So what does my government really think about the BBI process?

Beyond that, what I would need to know myself, and what I would think Kenyans would need to know is how the specific decisions reflected in the report were made. The report is very ambitions, and arguably internally contradictory, in making profound recommendations for the shape of Kenya for generations to come. How did the BBI team decide to stress on one hand the idea of going back to try a “nation building” exercise of coming up with some type of “national ethos” for Kenya,while also committing to doubling down on and even expediting the notion of regionally confederating and then federating in an East African state? Are either of these goals realistic and if both are, are they compatible?

What was the process for deciding that industrial manufacturing for a regional market was the best way to address the employment crisis? And so on.

[Update: I have completed my “close reading” of the full document. What I will add is that there are a lot of worthwhile specific items included in the recommendations toward making Kenya’s government more effective/efficient/ fair. These represent collectively a substantial amount of thought and effort and I do not take that lightly; collectively they could if fully implemented quickly accomplish very significant incremental improvements, but do not seem to me to suggest something profoundly transformational. Aside from the issues I mentioned above, the gaping hole is the failure to address at all the unfulfilled parts of Kenya’s National Accord from the 2008 “peace deal” following the stolen 2007 election, especially the truncated and “shelved” Truth, Justice and Reconciliation Commission report.]

Kenya’s long awaited “Building Bridges Initiative” report published on-line

Following the post-election negotiations between Uhuru Kenyatta and Raila Odinga during December 2017 – March 2018, culminating in the famous March 9, 2018 “handshake” between the two, Kenyans have witnessed a prolonged period of political stasis in which Kenyatta has run the Government as he sees fit without opposition and former Prime Minister Odinga and Deputy President Ruto and their factions have carried on their 2022 campaigns.

We now have a 150+ page published report from the Government of Kenya representing the work product of a dual team of insiders for the two “sides” (Raila/ODM and Uhuru) making various recommendations for political governance issues as are always “on the table” in “post-Colonial” Kenya.

Formally, this has been called the “Building Bridges Initiative” implemented by the “Building Bridges to Unity Advisory Taskforce” and has incorporated the usual process of donor supported public “input” sessions around the country to “popularize” the process, the teams of insiders and what they will agree on and eventually announce.

The adjustments proposed from the public comments and news so far appear to be relatively nondramatic and reflect what one would expect for an elite consensus process where the primary issue is the adjustment of interests among those at the table.

Here is the official website for the Building Bridges Initiative.

For background, here is my post from December 7, 2017, “Trump Administration’s top diplomat for Africa visits Nairobi, public statements adjusted to call for ‘national conversation’ as substitute for ‘national dialogue’“:

I was pleasantly surprised by the previous statements from the State Department both from Washington and in Nairobi, calling for “national dialogue” in the wake of Kenya’s fraught and objectionably violent environment in the wake of the boycotted October 26 presidential re-run.

In the latest release from Washington on December 4 the State Department said “the Acting Assistant Secretary will travel to Nairobi, Kenya from December 4-6, where he will meet with representatives of the Kenyan government, as well as with Kenyan civil society. The visit will encourage all sides in Kenya to participate in a national dialogue following the presidential election.” (emphasis added)

Today, however, following the talks, a new statement was issued–by the Ambassador–backing off from the language “national dialogue”. Instead, along with a call for Odinga drop a “people’s swearing in”, and a generic call for protesters to avoid violence and the Government’s security forces to avoid unnecessary killing and to investigate themselves on the outstanding accusations that they had been doing so, the State Department now recommends a “national conversation”.

Why is this different? Well, you would have to ask the Embassy or Main State Department and/or the White House why they changed the language, but “national dialogue” is a clear reference to the formal process resulting from the February 2008 settlement agreement between Kibaki and Raila leading to the Truth, Justice and Reconciliation Commission Report (censored and held in abeyance by the Uhuruto Administration–an issue in the August election), the Kriegler Commission on the 2007 Election (leading to the buyout of the Kivuitu led ECK), the Waki Commission on the Post Election Violence (leading to the aborted ICC prosecutions) and constitutional reform process that led to the 2010 Referendum adopting the new Constitution which mandates the 2/3 gender rule (declined so far), diaspora voting (mostly declined so far), devolution (in process), and such. A “national conversation” is a nice notion and probably a good thing to do here in the United States as well as anywhere else culturally divisive politics.

See “Reformers vs. The Status Quo: Is it possible to have free and fair polls” by Eliud Kibii in The Elephant to put the current election disputes and contest in the complete post-Cold War context.

Update: Ambassador Godec’s tweet of Dec 11:

NASA’s decision yesterday is a positive step. We again call for a sustained, open, and transparent national conversation involving all Kenyans to build national unity and address long-standing issues.