Key New Report from AFRICOG on Kenyan Privatization Ahead of 2012 Election

AFRICOG, the African Centre for Open Government, in Nairobi has released “Deliberate Loopholes” an extensive report on the the privitization/divestiture of Telkom Kenya and Safaricom.  Just as the Safaricom deal went through just before the 2007 election in spite of ODM litigation to block it, new deals are coming with the 2012 election approaching, including likely sale of the Government of Kenya’s stake in 11 more hotels, for example:

“Deliberate Loopholes”describes some of the lapses that occurred in the privatisation of Telkom Kenya and Safaricom: the title refers to the deliberate evasions and subterfuges that created a fertile climate for asset stripping and corruption by senior officials whose identity continues to remain shrouded behind the veil of secrecy provided by international tax havens and off-shore financial centres. The preliminary findings of this study were presented to Parliament’s Public Accounts Committee (PAC), which took the matter to the floor of the House.

AfriCOG’s interest in this area stems from its mandate to build and entrench an anti-corruption culture through informed and determined public action, both in the public and private sectors. Effective privatisation requires a robust regulatory environment. Regulators need to be independent in delivering on their mandate and achieving outcomes that protect the public interest and advance Kenya’s development. However, these bodies face the constant reality or threat of capture by special interests.

Kenya is currently engaged in an extensive series of privatisation exercises, with around 23 majorpublic enterprises slated for or engaged in some sort of privatisation. The unanswered questions surrounding the sale of the Laico Grand Regency Hotel are still fresh in the public’s memory. By providing objective information on the privatisation of Telkom Kenya and Safaricom, AfriCOG aims to promote public knowledge and vigilance on other public divestment ventures. Furthermore, the general public has a huge stake in privatisation considering the significant investments that citizens have made in building these institutions in the first place and the gains that ordinary investors hope to make from their divestiture.

Given the market dominance of the entities involved and the endemic corruption that plagues Kenya, it is perhaps inevitable that many of these exercises have been shrouded in political controversy. From experience, large scale privatisation is a process that can be particularly prone to political corruption, or the theft of public resources to fund elections. Since 2012 portends a particularly hard-fought and conflictual election,
heightened scrutiny against possible abuse of privatisation of state-owned enterprises with the aim of financing politics would be prudent.

Kibaki’s PNU seeks Government Control over Political Opinion Polls [Updated]

From the Star, “Ban Opinion Polls — PNU”:

President Kibaki’s Party of National Unity is now planning to control opinion polls. A team of PNU lawyers working with MPs Jamleck Kamau (Kigumo) and John Muthutho (Naivasha) are drafting a Bill to control opinion polls conducted by research companies and even media houses.

Kamau yesterday filed a party motion in Parliament calling for regulation of opinion polls. The Bill will create an Opinion Polls Control Board to regulate the conduct of surveys.

One clause under consideration is a requirement that the Board approves all questionnaires in advance and authorise results of surveys before they are released to the public. The Bill is intended to end political opinion polls altogether, according to inside sources.

Yesterday Kamau, the PNU vice chairman, confirmed the upcoming crackdown. “Mututho and I are working on a Bill that will put discipline and restore professionalism in the operations of research so far as opinion polls are concerned. This will be in the House in a matter of weeks,” said Kamau.

In April Synovate said that Prime Minister Raila Odinga was the preferred 2012 candidate was for 38% of Kenyans; Uhuru 18%, Kalonzo 13% and Ruto 8%. PNU politicians, including Vice President Kalonzo Musyoka, have been criticising political opinion polls in recent months. Kalonzo accused research companies, especially the market leader Synovate, of doctoring opinion polls in favour of Prime Minister Raila Odinga.

.  .  .  .

Yesterday the Managing Director of the Synovate Kenya George Waititu said that the research industry will suffer severely if the two MPs and the PNU succeeded in pushing government into regulating the industry. “This is actually war on the freedom of expression and an attempt by the two MPs to gag the media because it is the media that publishes those polls,” Waititu said.

He explained that opinion polls should be allowed to flourish as it allows citizens to express their opinions on matters relating to governance and other fundamental issues. “The proposed legislation will only introduce bureaucracies that will keep marketing research companies out of business,” he said.

Waititu said ethics and ‘push-polling’ were matters of concern, but government involvement will only undermine the democratic practices. Waititu said research companies in Kenya operate under the Market and Social Research Association that has rules governing their operations. Other researchers in Kenya include Infotrak, Consumer Insight and Strategic Research.

In the months before the 2007 election the Government proposed draconian regulation of the media.  Now, with elections coming again, there are those in power who seek control over polling.  No big surprise as long as it is appreciated how the last election went.

The performance and professionalism of the polling industry in Kenya compares quite favorably to that of Parliament and certainly of any Kenyan government regulatory authority I encountered.  As IRI director, I continued a successful relationship with Strategic and also used Synovate for a key pre-election poll.

In general terms, the development of polling in Kenya is a success story–and it is for that reason that it threatens politicians who want to have the unilateral power to tell the public, through a docile media, what “the facts on the ground” are.

[IRI played a role over a period of years in the development of polling, through its USAID funded survey program, including the exit polls in the 2002 election and the 2005 referendum.  This is part of why I was offended at the decision of IRI’s Washington office to denigrate the quality of the 2007 exit poll to justify not releasing it in January and February 2008.  IRI corrected itself in August 2008 and released the exit poll results at that time after they were released by the University of California, San Diego team in Washington.  Obviously a Government of Kenya “Control Board” would have made sure that the exit poll showing the opposition winning never saw the light of day.]

Update:  The Daily Nation, “MP’s plan to regulate opinion polls opposed”:

Synovate and Strategic Research demanded involvement in the drafting of a Bill on the polls should the Party of National Unity’s MPs go ahead with a motion that was filed in the House on Wednesday.

Mr George Waititu of Synovate and Mr Caesar Handa of Strategic Research termed the attempt by MPs Jamleck Kamau and John Mututho as a step backwards.

“We are operating in a political market in which there is a lot of information in the public domain. One would hate to go back to the dark days when only politicians could give out information,” said Mr Waititu.

Fuel Distribution Crisis Hits Kenya, and Other Economic News

“Kenya oil industry in chaos as fuel shortage bites”, reports the Daily Nation:

Motorists stood in long queues on Wednesday as one of the most severe and bizarre fuel shortages hit many parts of the country.

Many people ran out of fuel on the road while others were forced to leave their vehicles at home and take public transport. (IN PICTURES: Nairobi fuel crisis)

Petrol stations were forced to close after running out of fuel due to panic purchases.

The absence of petrol at the pump, particularly after the government confirmed that there was 19 million litres in storage tanks in Nairobi, is a commentary on the chaos in fuel distribution.

On Wednesday, the government passed the buck to the oil companies, accusing them of creating a shortage by refusing to order adequate stocks over the Labour Day holiday.

Today’s Star also reports that Prime Minister Odinga, speaking at Great Lakes University in Kisumu, said that the private sector is the only source for vital job growth:

He said the country must create a conducive environment for the private sector to thrive as a solution to the unemployment crisis. He said the private sector is the engine of economic growth thus the need for both local and foreign investors to increase investments that can create jobs for the youth.
Raila said the 750,000 graduates who join the labour market every year from schools, colleges and universities cannot find employment in the public service with about 50,000 job opportunities only every year.
He assured Kenyans that available positions in the public service will be distributed fairly among all the communities in the country in accordance with the constitution.
On education, the PM decried low levels of research in the country saying privave sector has refused to fund research unlike in other countries.
He said, the country needs to invest more on research work to provide more job opportunities.

The Star also reports additional international funding, from Germany, for geothermal power development:

THE 280 MW Olkaria geothermal power project by KenGen yesterday got a Sh7.4 billion boost from Germany’s Development Bank KFW to fund consultancy services and part of the steam field drilling works.

The money will fund extension of Olkaria one and Olkaria IV power station project targeted for completion by end of 2013. The overall cost of the project is Sh83 billion and is being co-funded by KenGen, World Bank, European Investment Bank, Japan International Corporation Agency and French Development Agency, AFD. “Development of renewable energy is excellent for development of Kenya and for the environment,” remarked KFW Director General for Middle East and Africa Doris Koehn during the loan agreement signing ceremony held yesterday at KenGen offices in Nairobi.

“O-Negative” Conspiracy Theories Show Kenyans Can Be As Politically Credulous as Americans

Here is the AP today:  “Kenya’s tribal ‘O’ factor: Obama, Ocampo, Odinga”.  Apparently it is always easier to believe objectively outlandish things about people who are members of different ethnic groups–no big surprise I suppose.

Perhaps the next thing will be to see Donald Trump start expressing interest in the Kenyan presidential race.

In Kenya a lot of the problem is the degree to which news reporting is skewed by the government and other interests, whereas I think in the U.S. it is more a matter of the crowding out and dumbing down of news by the commercial celebrity culture, and the “narrowcasting” problem whereby people get their news from either opinionated sources conforming to their ideological predispositions or from superficial “he said, she said” reporting that provides nothing except the two adversarial arguments of the usual political combatants, irrespective of facts.  It may be that Kenya is on the upswing in this regard whereas here in the U.S. we are on the downswing.

At least no one in Kenya so far as I know believes Obama was born there.

Cola Wars return to Kenya

Miracle Cafe

Nairobi’s Business Daily reports that Coke is getting competition in Kenya:

Two international soft drinks manufacturing companies have set up local operations in a major shift tipped to shake up the industry currently in the tight grip of global giant Coca-Cola.

US multinational Pepsi Cola, and London based SABMiller are in the process of establishing a manufacturing presence in Nairobi even as market data points to a flattening market for soft drinks.

PepsiCo, which stopped bottling in Kenya under competitive pressure from Coca-Cola in the 1970s, is putting up a Sh2.4 billion plant off Thika and Baba Dogo roads while SABMiller has taken control of family owned Crown Foods, the bottlers of Keringet brand of drinking water.

PepsiCo has acquired 14 acres of land at Nairobi’s Ruaraka estate through SBC Kenya Ltd, a Franchise Bottler and Distributor of Pepsi products it bought in 2009, from where it will produce at least six of its brands.

.  .  .  .

PepsiCo made a marketing re-entry into Kenya late last year relying on imports to serve the local market with its brands such as Pepsi Cola, Pepsi Diet, Mirinda, Evervess Soda Water and Seven Up. Importing the soft drinks is more expensive than having a local production unit.

“We have already recruited 120 Kenyans — engineers, architects and technicians — to handle the development phase. We expect to have about 300 employers on board once it is completed,” said Mr Moldenhauer.

.  .  .  .

The soft drinks market is estimated at about 17 million litres annually and PepsiCo is upbeat that the sector has great potential for growth after shrugging off a heavy battering from the global economic crisis, high power costs and water rationing in most of 2009.

A Closer Look at Journalism and NGOs

Karen Rothmyer has a “terrific and necessary” piece in the Columbia Journalism Review headlined “Hiding the Real Africa; why NGOs prefer bad news” about stereotyped images of Africans in poverty in the U.S. media and the influence of NGOs working on aid projects on this coverage (with comments from Jina Moore and I so far).  Linked is the full research paper for Harvard’s Shorenstein Center.

Also at CJR is a review of Rebecca Hamilton’s Fighting for DarfurPublic Action and the Struggle to Stop Genocide.

In The Star Andrea Bohnstedt explains that “Kibera Slum is Now the face of Kenya Abroad.”

In “Good News is No News, and that’s Bad News”, Terrance Wood writes at the Development Policy Blog that the media cover aid failures and problems, rather than success stories, and that this gives a misleadingly negative impression about the effectiveness of aid.

“Social media and the Uganda election 2011”

Am I a “Do Gooder”? Assessing my “East Africa” Footprint

The VOA has a worthwhile five part series on increasing Western investment in Africa–start here.

A friend of mine recently suggested that I had become something of a “do gooder” while she had become more of a believer in free markets from a background more on the left politically.  Got me thinking about the totality of my interactions with East Africa.  I invest retirement savings in a U.S. traded fund of the stocks of companies with predominantly African business and the stocks of a few individual African companies and companies with significant African business.  Some of my retirement money is invested, outside of my desire or control, in the companies that market cigarettes in East Africa.  My wife and I make some private efforts to help with needs associated with a non-profit program serving underprivileged children in Nairobi, and helped raise some additional money for this through our church, where we also support the regular “mainstream” mission work.  We give a little bit of money to one of the big humanitarian relief organizations where I had some personal contact and a little bit of money to “The One Acre Fund“.  I pay my taxes toward the salary and benefits of the full spectrum of U.S. government employees and contractors living in Kenya from the Ambassador on down and all the infrastructure supporting them.  As a lawyer, my “day job” which I don’t write about here, is a matter of public record:  I work in a part of the “defense industry” in which we make the majority of the ships typically used to make up the U.S. Navy’s anti-piracy task force off the Horn of Africa.

When I lived in Kenya I tried to take advantage of the time I had to be among Kenyans rather than spending too much time among the expats, but my family and I did participate in a fair bit of tourism and patronized the usual Nairobi businesses that I have learned are to a substantial extent owned by people who got them through misuse of public office rather than through competition in a “free market”.  I do like the concept of free markets and will hope for more of them in Kenya in the future.

And I moralize on this blog, which is free.

So, on balance, I don’t think I make bona-fide “do gooder” status.   I will say that of all the problems and challenges at large in the world, the unintended consequences of the actions of “do gooders” don’t make it very high on my list at present.  I am all for skepticism and evaluation of effectiveness in aid programs, for instance, but I think ulterior or conflicting interests, and your basic greed and venality are much bigger problems than the negatives associated with well-intentioned but misguided or otherwise unsuccessful attempts to help people.  (Note that I don’t take responsibility for Government to Government assistance in my category of things that “do gooders” may be accountable for.)

Watching Alliances Experience “Blow Out” from a Build Up of Democratic Pressure

Its a beautiful spring day here in coastal Mississippi.  A nice day for a Mardi Gras parade and to rake leaves, which we do here in the spring instead of the fall, and to watch events unfold in Africa.  As election results are coming in from Uganda, the Libyan army is attempting to repress a budding revolution against Museveni’s recent friend from the north, Col. Gaddafi.  Of course, Museveni is not the only one who has been cozy with the theatrical Libyan dictator, oil baron and would-be “Pan African” leader.

From today’s Guardian, “Britain’s alliance with Libya turns sour as Gaddafi cracks down”:

Now Britain’s risky and controversial relationship with Libya is beginning rapidly to unravel.

BP, which is also heavily involved in the country, is weeks away from beginning a major drilling operation in a vast area around the desert town of Ghadames. Indeed, a group of US senators last year suggested that the decision to free the Lockerbie bomber Abdelbaset al-Megrahi could have been influenced by lobbying over BP’s commercial interests in Libya — an allegation fiercely denied by the Scottish government.

And it is not only Britain’s foreign policy on Libya that has sent diplomats scurrying into disarray as they have tried to keep up with the wave of popular uprisings against regimes that Britain supported, but the policy for the entire region.

According to Claire Spencer, head of the Middle East and North Africa programme at Chatham House, the rapprochement with Libya in 2004 was founded on assumptions that dominated for a decade post-9/11, obsessed as the west was with the fight against al-Qaida, the wider “global war on terror” and fear of mass migration and the rising influence of Iran.

“Against that we backed the other half, the so-called moderates standing up for our values – regimes in places like Saudi Arabia, Egypt and Israel.” The domination of that foreign policy agenda, she believes, meant that not only in the Foreign Office but in the Quai d’Orsay and the US State Department, those warning of the growing potential for unrest across the region were ignored.

Though Libya had faced accusations of refusing to recognise the rights of refugees, indefinite detentions, torture and arbitrary expulsions, Spencer believes that British diplomats felt they had only the most limited leverage on their new partner.

By yesterday the queasiness had turned to outright horror, as Britain’s foreign secretary William Hague, a day after his department revoked all British arms licences to Libya and Bahrain, condemned the “unacceptable and horrifying” use of violence by Gaddafi’s security forces against his own people, “including reports of the use of heavy weapons fire and a unit of snipers against demonstrators”.

Which leaves the crucial question of whether Gaddafi can survive. In the past, as Spencer points out, the self-styled Supreme Guide has been adept at ditching prime ministers and others to protect his position and place himself on the side of the people, a tactic he tried to use even in the current protests. Now he has abandoned that in favour of the use of outright violent suppression.

If he believes that he can confine the problems to the country’s east, he may be mistaken. Many from that region have families in Tripoli. He may find it impossible to stop rebellion spreading.

And Britain’s manoeuvring to distance itself from the man it has supported for the last seven years may have come too late.

Needless to say, here on the Mississippi Gulf Coast BP has not been especially popular since last April. I don’t think many people here have paid especially great attention to Gaddafi, but neither I suspect, have they been particularly confused about him.

I pulled out a copy the other day of a J. Peter Pham column from World Defense Review from March 2010 entitled “Libya as an African Power” which I would encourage you to read and reflect on:

The breakout came in 1997 when the annual summit of Organization of African Unity foreign ministers was held in Qadhafi’s hometown of Sirte (some of the diplomats attending were only able to do so because Libya paid their country’s arrears to the pan-African organization, thus restoring their voting rights). The foreign ministers also set up a five-member committee to mediate between Libya and the West over the Lockerbie dispute. On the heels of the summit, Uganda’s President Yoweri Museveni and South Africa’s President Nelson Mandela both visited Tripoli. African backing proved critical to the breakdown of the sanctions regime and the subsequent agreement to hand over two Libyan suspects for trial in the Netherlands under Scottish law for the Pan Am bombing.

Meanwhile, Libya’s strategic engagements across Africa multiplied—a state of affairs symbolically demonstrated by the change in name of the country’s state broadcaster from the “Voice of the Greater Arab Homeland” to the “Voice of Africa.” .  .  .  .

Even the creation of the African Union in place of the tired Organization of African Unity has a Libyan connection that is usually glossed over. In response to an initiative promoted by Tripoli, the OAU Assembly of African Heads of State and Government met in extraordinary session for only the fourth time in its nearly forty-year history at Sirte in September 1999. In the resulting “Sirte Declaration,” the African leaders professed to have been “inspired by the important proposals submitted by Colonel Muammar Qadhafi, Leader of the Great Al-Fatah Libyan Revolution, and particularly, by his vision for a strong and united Africa, capable of meeting global challenges and shouldering its responsibility to harness the human and natural resources of the continent in order to improve the living conditions of its peoples” and resolved to “establish an African Union” better able to “cope with the challenges and to effectively address the new social, political, and economic realities in Africa and in the world.”

.  .  .  .

Considerably more important than its role as a donor of development assistance has been Libya’s role as an investor in Africa. A government entity, the Libya African Portfolio for Investments (LAP), overseen by the country’s main sovereign wealth fund, the Libyan Investment Authority (LIA), numbers among its companies the Libyan Arab African Investment Company (LAAICO), which has a mandate to promote business growth in Africa by investing in sectors as diverse as agriculture, mining, manufacturing, real estate development, telecommunications, and tourism. Currently, LAAIC has holdings in some more than two dozen African countries, including Benin, Burkina Faso, Central Africa Republic, Chad, Comoros, Congo (Brazzaville), Democratic Republic of Congo, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Guinea, Kenya, Liberia, Madagascar, Mali, Niger, Nigeria, Rwanda, South Africa, Togo, Uganda, Zambia, and Zimbabwe. Another LAP company, the Oil Libya Holding Company (formerly Tamoil Africa), is engaged in refining, marketing and distribution of petroleum products in a similar number of African countries. In Morocco, for example, the Libyans have invested more than $5 billion to acquire about 200 gas stations, approximately 10 percent of the local market. Yet another LAP asset, LAP Green, has had telecommunications operations in Côte d’Ivoire, Niger, Rwanda, and Uganda. Last month LAP Green acquired 80 percent of Gemtel in South Sudan and the company has been shortlisted among the suitors seeking to acquire a 75-percent stake in the Zambia Telecommunications Company (Zamtel) being offered by the Zambia Development Agency.

.  .  .  .

Uganda is a good example of a case where Libya’s investments have served its strategic objectives while simultaneously helping the target country’s economic and social development. There are few African countries where Tripoli’s past interventions were so much on the wrong side of history.  .  .  .

.  .  .  . Currently at least $500 million in Libyan capital is participating in Uganda’s growing economy. Libya owns a 49-percent stake in the National Housing and Construction Company (NHCC), a public enterprise with a mandate to increase the housing stock in the country, rehabilitate the housing industry, and encourage Ugandans to own homes in an organized environment. Libya also owns 69 percent of Uganda Telecom Limited (the Ugandan government owns the other 31 percent), where its capital has been used to aggressively expand the company’s market share. In a joint venture with the Uganda Coffee Development Authority (UCDA), Libya has invested in a soluble coffee plant that adds value to Ugandan production by making it compliant with European standards. Libya also has the contract to build an extension of the Mombasa-Eldoret oil pipeline in Kenya to the Ugandan capital of Kampala. The extension will be designed to permit reverse flow once Uganda begins its own petroleum production. Earlier this year, a team from Oil Libya visited Uganda to explore the possibility of building an oil refinery.

The Qadhafi regime’s decision in 2003 to abandon its WMD program, settle the Lockerbie claims, and give up its hitherto support of international terrorism (the United States removed Libya from its list of state sponsors of terrorism in 2007) led to the lifting of numerous economic and trade restrictions as well as the ban on American citizens doing business there. The potential economic and political rewards of deciding to work with instead of against Washington may actually strengthen Tripoli’s capacity in dealings with the rest of the African continent, especially the poorer states of Sub-Saharan Africa.

Given some of the anti-Western, post-colonial rhetoric that has emanated from Tripoli over the years, it may be surprising for some to learn that since the thaw in bilateral relations with Washington, Libya has even demonstrated greater openness to the U.S. Africa Command (AFRICOM) than some other states on the continent. AFRICOM Commander General William E. “Kip” Ward actually traveled to Libya twice in 2009 and met with Colonel Qadhafi .  .  .

Thus last May, the U.S. Coast Guard Cutter Boutwell arrived in Tubruq for a three-day port visit that was the first of any U.S. military vessel to Libya in more than four decades.  .  .  .  The visits were returned in September when a delegation of three senior Libyan officers visited AFRICOM headquarters in Stuttgart, Germany, as well as U.S. Air Force Africa headquarters at Ramstein Air Base.During the officers’ visit, General Ward gave an unprecedented interview to Al-Musallh, the official journal of the Libyan armed forces, in which he described his discussions of African security matters with Qadhafi and “we look forward to working together in ways that help us achieve those common objectives for peace and stability.”

In the interest of renewing links to professionals in the Libyan military and security services after a nearly four-decade hiatus, the Bush administration requested $350,000 in State Department-administered International Military Education and Training (IMET) funding for Libya in fiscal year 2009. The Obama administration requested the same amount for the current fiscal year, specifying that the funding would be used for English language education as well as courses on civil-military relations, border security, and counterterrorism (Libya has been invited to join the U.S.-led Trans-Sahara Counterterrorism Partnership). In addition, the Obama administration budget also allocated, for the first time ever, a token $250,000 in Foreign Military Financing (FMF) to provide assistance to the Libyan air force in developing its air transport capabilities and to the Libyan coast guard in improving its coastal patrol and search-and-rescue operations. As significant as these steps may be, there is no reason why bilateral cooperation should not extend to other spheres. As Saif Aleslam al-Qadhafi, noted at the start of the U.S. rapprochement with his father: “Libya does not envisage limiting relations to fighting terrorism. It proposes joint efforts, for example, to meet the needs of Africa by eradicating disease and promoting investment.” .  .  .  .


Kenya’s Speaker Marende Makes Key Ruling that Kibaki Nominations for Chief Justice and Attorney General Do Not Meet Constitutional Requirement

With Marende’s eventual determination that Kibaki must further consult his coalition partner, Prime Minister Raila Odinga, the effort to circumvent the potential ICC prosecutions for post election crimes against humanity has met a setback. Marende has once again proven to be Kenya’s indispensable governmental authority in the absence of a will or ability of the coalition “principals” to act in concert.

Warning That U.S. might cave on ICC for Kenya and Sudan

Africa Confidential’s February 4 “free article” titled “Rewards and Realpolitik” should be troubling to those in civil society in Kenya and in the West who, like I do, consider the pending ICC prosecutions in Kenya to be crucial for addressing impunity.

Africa Confidential suggests that the United States and France are giving serious consideration to acting in the U.N. Security Council to agree to defer prosecution of Sudan’s al-Bashir as part of the “carrot” approach endorsed by Envoy Gration and others to try to maximize his cooperation on the split with the South and on Darfur. Reportedly some detailed conversations at high levels of the State Department have taken place. A Sudanese source reportedly says that a deferment for the “crimes against humanity” charges for the six Kenyan suspects would be thrown in as part of a deal with the AU to provide diplomatic cover on accusations of a “double standard”.

Please take time to read the whole detailed article and weigh in if you care about this.

David Throup of CSIS wrote a useful thumbnail overview of the post election violence in Kenya and the underlying ethnic and political tensions. While David was controversial as an outspoken critic of the EU election observation in Kenya, it should be noted that his own calculations as initially discussed publicly in Washington had Kibaki losing the election and claiming victory through fraud, so in that sense he has been part of the overall international consensus regarding the voting. The crucial point is that there were different types of violence that happened for different reasons–thus demanding a differentiated response as reflected in ICC prosecutor Ocampo’s selection of cases to bring forward.

“The International Criminal Court and the Post-Election Violence in Kenya” by David Throup at CSIS’s Online Africa Policy Forum Blog.

Most Kenyans, according to opinion polls by the local press, however, believe that the six named individuals should be prosecuted. They are right–the era of impunity must be ended. Most of those displaced in 2008 still remain in encampments, too frightened to return to their homes. The next election may well be even more closely contested and violent unless a clear message is sent that the era of impunity is over and that perpetrators of violence will either be tried in Kenya’s courts or appear before the International Criminal Court. Both Kalenjin and Kikuyu as Kenyans have the right to live and farm in the Rift Valley and in other parts of the country. As Kenya becomes more ethnically intermixed, ideas of ethnic hegemony and arguably the era of ethnic-politics can no longer be tolerated.

There is, however, one danger. William Ruto and Uhuru Kenyatta are “big men”. . . The ICC preliminary charges may possibly intensify ethnic identities, uniting the Kikuyu and Kalenjin communities in a joint sense of persecution. Uhuru Kenyatta and William Ruto are highly regarded in their communities and would constitute a formidable alliance at the next election. The ICC and the international community should proceed with caution and encourage moderate voices which urge compliance in the hope of a better Kenya.

As far as Kenya goes, the perception that Ruto and Kenyatta and associates, with Kibaki’s help, successfully faced down the ICC and the international community generally, seems to me to be about the worst thing that could happen in terms of enshrining impunity and deterring further reform efforts by Kenyan citizens and civil society. Even if the Administration takes the approach of protecting al-Bashir, it would seem especially cowardly to sacrifice Kenya in the mix for the reasons suggested here.

The human rights community in the U.S. seemed to be caught off guard when the Administration issued blanket waivers for countries employing child soldiers, so presumably they will not be complacent now.