Election Violence threat in Kenya — my thoughts on NDI’s new warning 


1. NDI is right to warn of a risk of violence, highlighting the unprecedented level of division and tension in Kenya related to the competition for power in this election scheduled for August.

2.  Given that the Kenyan Government is led by politicians widely understood to have been major players in the killing and mayhem following the failure of the 2007 election — elevated to office on the basis of their status as tribal champions indicted by the ICC — #1 can hardly be any surprise.

3.  Further, the “reform agenda” intended to address the catastrophe of 2007-08 has long been diverted and shelved.  Zero accountability across the board for the previous election violence.  The Truth, Justice and Reconciliation Commission report was interfered with by the Executive, then shelved with so many other accumulated Kenyan commission reports gathering dust.  No accountability for the bribery of Election Commission members and officers in 2007 (in fact, a cover up), followed by impunity in the buyout of the IEBC last year after Chickengate and the failures of 2013.

4.  The main reform was the passage of the new Constitution of 2010, but in the hands of anti-reform politicians under no serious further international pressure, the main change is more offices to potentially fight over.  There has been some strengthening of some institutions and backsliding in others.  I think everyone agrees there is still widespread extrajudicial killing by police (the biggest cause of death in the PEV) and extensive corruption (which facilitated the collapse of the ECK).

5.  Certainly the performance of the KDF as well from Westgate to Somalia suggests a less disciplined force than most of us perceived in the 2007 and 2013 elections.

6.  Arguably the incumbent Kenyan Administration has more leverage over the US and UK governments now than Kibaki did in 2007.  Although in 2007 Kenya was a key security cooperator with the US on Al Shabaab, at this point the KDF is in Somalia on an indefinite basis, in part as a component of AMISOM in which the US and the UK are heavily invested, with the US now stepping up direct action against Al Shabaab.  In the meantime, South Sudan — the other “nation-building” project with its back office in Nairobi —  is really failing.  Conflict threatens in the DR Congo with Uganda and Rwanda pulling away from democratization progess as the potential threats and temptations may be increasing in the neighborhood.  Obviously it would be hard for the US or the UK, as well as for others, to “cry foul” over a situation like 2007 where the incumbent was not willing to be found to have lost re-election.

7.  It’s too early to know what the dynamics of the campaign will be and I am not closely in touch at all with the hidden backstories this time (like most outsiders, especially those not even living in Kenya this year).  It seems foolish for any of us to gamble much on prognostications or predictions, but the macro risk is surely great enough to warrant some soul searching and some planning.  Part of this is sobriety in recognizing that there is no time left for extensive reconciliation efforts or deeper institutional work that has eluded us over the years.

8.  Boris Johnson will have Kenya on his radar, for better or worse, but it’s hard to guess who outside of AFRICOM will really be engaged on Kenya at a senior level in the US Government before any election crisis, even though the risk is so much more widely recognized this time.  Pre-election funding is much greater than in 2007 but extra resources for a political crisis may be harder to rally.

9.  I remain of the belief that Kenya was not really “on the brink of civil war” in 2008 because such a large part of the violence was instrumental for political gain and none of the politicians would have benefited from a civil war.  In 2013, I agree that some level of optimism about institutions, mostly the Supreme Court, that we don’t necessarily see now had a lot to do with reducing violence, but a big factor was the mass security mobilization – it was understood that protestors would face police and military bullets and not many were willing to take an initiative in that direction.  The benefit of 2013 and the other problems with the institutions pre-election this year is that expectations are low — an openly stolen election would be far less of a shock than in 2007 and as in 2013 the State’s willingness to kill cannot be doubted.  On the other hand, if violence did break out inspite of these initial barriers it might be harder to temper and eventually end than in 2008.

Update: 13 April — See Muthoni Wanyeki’s latest column in The East African, Polls: the heat is rising, mayhem escalating,” for a look at the current temperature official behavior around the country.

 

Initial Trump budget proposes to eliminate United States Institute of Peace, Wilson Center and African Development Foundation 

Of the laundry list of independent U.S. Government agencies Trump’s initial “skinny budget” submission to Congress proposes to eliminate, the USIP and the Wilson Center are specifically active on issues relating to democracy, war and peace in East Africa and the African Development Foundation is the one Africa-specific agency.

See this story in The Atlantic.

Another year goes by: Eight years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

The fifth sixth eighth anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi was this past Thursday Sunday.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

.  .  .  .

Unfortunately, in these five years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police.  Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity.  The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

Continue reading

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

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

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

. . . .

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

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

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

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

But Trump’s view is more myopic . . .

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

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

“Africa is a Command” – Bush to Obama to Trump

By electing President Obama we got through with race and became post-racial.  Now that we have elected Trump we are surely done with “political correctness”, so lets us speak plainly.  What is “Africa” as seen from Washington?
Well, surely Africa is a playground for so many characters, but that is nothing new at all, and we don’t really like to focus on that.  From Trump children big game hunting to politically engaged ministers and ex-diplomats involved in unusual investment schemes, Africa abides.  With election campaigns to run and autocrats to lobby for in Washington.  And missions and aid and economic investment programs continuing apace with varying degrees of pep and power in accordance with the visions and priorities of policy makers.

The thing that is new from U.S. vantage in this century is the overriding common legacy of the Bush and Obama administrations: AFRICOM (recognizing that the new command was primarily planned by the Bush Administration but did not “stand up” until Obama was almost in office).

I never had strong opinions about whether having a separate combatant command for Africa would be better or worse than than the status quo under CENTCOM, et al, that existed in my time working in Kenya and Somaliand in 2007-08.  It has escaped my attention if there are many Americans who see our policies in Africa during the Cold War as a highlight of our better angels, and I think on balance our aspirations for our relations in Africa in this century are higher than back in the past; nonetheless, largely staying out of Africa directly with our own military during the the Cold War and its initial aftermath may have reduced risks that are now potentially at play.

I think it is fair to say that ten years in the December 2006 Ethiopian operation to remove the ICU in Somalia with our support has not over time convinced all skeptics.  In fairness, perhaps, as with the French Revolution, it is still too early to tell.

So did having AFRICOM as a separate combatant command from late 2008 (with a new “whole-of-government” flavor and hardwired entre for USAID and State Department involvement) result in wiser judgment and better execution in terms of US national security and/or related and ancillary command objectives in recent years?

It is hard to judge because it is a big command (aside from the answer being, in substance, classified) but the experience with regard to the Libya intervention in particular is not altogether encouraging.

Would having CENTCOM engaged from Tampa rather than AFRICOM from Stuttgart have made a difference in some way to our consideration of intervention and our planning-perhaps more hard questions initially to Washington from a more “war wary” perspective as opposed to input from an entity with the bureaucratic equivalent of the “new car smell”?  [If inexperience was not a factor, what do we need to change to avoid future repetition if we agree that something went wrong on Libya?]

One way or the other, Trump takes office with AFRICOM at his command, a vast range of relatively small training interactions of a primarily “military diplomatic” nature all over, large exercises and larger programs with many militaries, active limited and largely low profile (from outside) “kinetic” operations  across a wide “arc of instability” and the war in Somalia with a new legal opinion, for what its worth, tying the fight against al Shabaab more explicitly to 9-11 and al Queda.  Along with a real live emergency in South Sudan and several other critical situations from a humanitarian and stability perspective.

I have declined to be persuaded by a dark view of the intentions behind standing up AFRICOM (versus the status  quo ante and any realistic alternatives).  Perhaps this is merely self protective since I am, after all, American, but also worked for much longer in the defense industry than my brief foray in paid assistance work.  But it is my attempt at honest judgment from my own experience.  Regardless, we are where we are, and Donald Trump will be giving the orders at the top to AFRICOM and whatever anyone had in mind, the fact that it is a military command rather than a civilian agency makes a great deal of difference in terms of the latitude that he inherited along with possession of the American White House.

Needless to say I hope it turns out that he has a yuge heart and bigly wisdom however fanciful that hope might look from what he has said and done so far.

Kenya :  News from “The War for History” as Citizen TV owner admits to Parliament that suppressed reporting of voting results in 2007 showed Odinga win over Kibaki

Here is the story from The Daily Nation:  Raila won 2007 election says Macharia.

The truth trickles out gradually.  Of course, those of us involved in the Election Observation for the International Republican Institute were following those results being reported live on Kenyan television from our headquarters in Nairobi during that Friday-Sunday after the election on Thursday, December 27, 2007.  Dr. Joel Barkan, our expert, explained by Saturday night that based on the numbers that were reported, it appeared that Kibaki could not win.  (Part of the reason why I was surprised to be told early Sunday morning by our “lead delegate” that “it’s going to be Kibaki” during the time when the Electoral Commission of Kenya had suspended the announcement of results.)

I understood that Joel’s public statements back in Washington that we couldn’t say for sure that Raila won, but could say that Kibaki lost reflected that known results as reported by the media houses showed Kibaki could not have gotten the most votes.  Realistically, under the first past the post system under Kenyan law at that time, this leaves Raila winning (since he didn’t lose his Kibera constituency to Stanley Livondo).

I assumed that one of the primary motivations for John Michuki’s then-notorious order suspending live broadcasting by the media houses from December 30  was to facilitate making sure those results that the media houses “took down” did not “resurface” after ECK Chairnan Samuel Kivuitu announced to an audience limited to the State-owned Kenya Broadcasting Commission that Kibaki had won after all.

As we know from my Freedom of Information Act Series research, Ambassador Ranneberger reported to Washington that he had personally witnessed the changed tally sheets at the ECK along with EU Observation Chief Lambsdorff.  [In particular, see Part Ten, Ranneberger on ECK, “Much can happen . . . and it did”]

Unfortunately, Ranneberger nonetheless initially asked Kenyans to accept the results of the election without disclosing what he had witnessed and congratulations were quickly issued from a spokesman for the State Department back in the U.S. that Sunday.  Subsequently we retracted the congratulations, said there were problems with the election and took the position that there was supposedly “no way to know” who won–still without disclosing what Ranneberger witnessed until his January 2, 2008 cable to Washington was declassified (with redactions) in response to my FOIA request.

As for the media house evidence, this stayed buried until now.  The ECK never did publish any polling station, or even polling centre, results at all in the presidential race.  The Kreigler Commission stayed off the presidential tally at the ECK–even though it was part of their legal charge as fairly construed.

After the election debacle, Ranneberger did spend a significant amount of energy promoting “the reform agenda” going forward during his remaining years in Nairobi.  Unfortunately, it appears that “reform” largely failed to take (because reform built on a foundation of impunity for corruption was “a house built on sand”).

For more see my “War for History Series“.

And from the news before the holidays:

The Standard headlines John Githongo’s day in court on Anglo Leasing after all these years.  Of course, Kibaki knew.

Sadly, embarassingly, the testimony comes not in a criminal prosecution of the looters, nor an action by the Government of Kenya to recover any of the millions of dollars lost–nor even a defense against claims for fraudulent debt–but rather in Githongo’s defense of himself in a libel action by one of those implicated in Githongo’s corruption disclosures when he left office in 2005.

It has been such a disappointment to me to see comfortable Westerners celebrate and bask in the reflected glow of Githongo’s courage as a whistleblower over the years while ultimately selling him out by looking the other way while at the next election the tallies were rigged to keep Kibaki and his cohort in power, followed by the Uhuruto succession after which the Government paid huge additional sums on Anglo Leasing debt and went on its merry way to ramp up corruption to new heights.

Kenya will not be secure so long as its Government remains so pervasively corrupt.  Foolish fickleness by the U.S. and others in the West buys us nothing of value.

The value of life; the price of office–genocide and elections in East Africa

Muthoni Wanyeki asks in The East African if anyone cares that genocide is looming in South Sudan.

Meanwhile, Kenya is paying an average of about $343,000.00 “severance” to each of the outgoing Independent Electoral and Boundary Commissioners for leaving earlier this fall rather than completing their terms through November 2017.  No signs of accountability for the #Chickengate bribes to the IEBC by Smith & Ouzman that were prosecuted by the UK and no sign of accountability for corruption in the subsequent 2013 election technology procurements.

While the “buyout” has been negotiated, the incumbent IEBC staff without the “servered” Commission has been proceeding to undertake election preparations that will be fait accompli for the new Commission when it is appointed next year.  Accordingly, the chief executive has proceeded to report plans to spend an astounding 30Billion KSh to conduct the 2017 general election, while setting a target of 22 million registered voters. In other words and figures, roughly $13.40US per registered voter if the target is met or $19.60US per currently registered voter. (For comparative data from places like Haiti and Bosnia,see The Ace Project data on cost of registration and elections.)

Old KANU Office

Solo 7–Kibera

AFRICOM: U.S. Navy reports on “Djibouti First Initiative” 

Djibouti First Initiative Scores Another Victory With Tom Pouce Bakery

Small things from the Long War.  It’s well and good for the Navy to buy local to feed our sailors to support the Djibouti economy.  And not sending an observation mission to Djibouti’s most recent election was also progress.  (Of course you will remember IGAD sent its delegation headed by Issac Hassan, who is now in the process of being bought out of his position as chair of Kenya’s IIEC/IEBC which we have supported, but we had the integrity to stay off this one.  See my post here.)

Addis bakery I

The bakery in this picture is actually from Addis Ababa under the “developmental state” regime in 2007.  We would overnight in Addis on our way from Nairobi to Hargeisa.  With no democracy to be promoted I could just visit and take pictures, although shortly before I visited this bakery I was stopped by a concerned stranger with the warning that “they will kill you” for taking pictures.  Fortunately they didn’t.

Stronger together?  Scott Gration, Hillary Clinton and the road ahead

I was reading Ambassador Scott Gration’s autobiography, Flight Path: Son of Africa to Warrior-General, and had his experience in mind in some respects in my last post which went a bit further than I have previously in its breadth of frustration with how American policy gets made from Washington for Kenya.

General Gration’s memoir is worth reading and I’m glad I was able to take time for it while waiting for the election here in the U.S. to be over.

If you have read about Ambassador Gration’s alleged email hygene at the time he was forced aside as U.S. Ambassador to Kenya in the summer of 2012, and have read the news dribbling out over the last 22 months over the Secretary of State’s email hygene and the related practices of her key staff in Washington, it becomes unavoidable to recognize that the purge of the Ambassador didn’t really have to do with the email or personal computer use issue asserted prominently in the publication of the report of Acting Inspector General’s review of the Embassy that was the “public”–meaning talked about anonymously to reporters then released afterwards–reason he was forced out.

It may well be that within the State Department bureacracy that General Gration stepped on toes of people who didn’t even know that the Secretary of State herself was operating from her private family server in Chappaqua, New York instead of the State Department’s U.S. Government system.  

Reading the media from the time, it seems, perhaps, that there was concern that he could be promoted (which could make people who didn’t like his management style unhappy).  Who knows?  And who has time for that sort of office politics speculation?  Regardless, when Secretary Clinton’s Cheryl Mills called Ambassador Gration to tell him it looked like he needed to fall on his sword, she obviously knew all about the private email server–just not that it would end up revealed on the front page of the New York Times two-and-a-half years later.
The bottom line for me is General Gration is an American who had a great career in the military, serving in a number of important foreign affairs related roles, who grew up in Africa, including significant time in Kenya, and is fluent in Swahili and other local languages.  He bonded personally with Senator Obama during their professional interactions, agreed that we needed to do some things differently in our interactions in the world, and did a lot to help President Obama get elected.  As an Obama ex-Republican, and recently retired General,  in a Clinton State Department he may have been a bit of a “fish out of water”, especially in a job that is most frequently a top plum for the career Foreign Service.

Secretary Clinton will be President-elect shortly.  This has been a foregone conclusion for quite a long time as the Republicans essentially defaulted on an election that would have been very winnable by almost any conventionally qualified or even broadly likeable candidate.  Secretary Clinton will come into office facing a range of difficult security and international affairs challenges, but with a lot of accumulated experience.  It seems to me she would be a smart leader not to leave someone like General Gration with a figurative knife sticking out of his back but rather find a way to use his accumulated talents and experience to serve the country.

Reading Graton’s book, I have an appreciation for his perspective, his courage, his work ethic, his faith–even if I have not personally warmed to some of the diplomatic language regarding “partnership” between our government and Kenya’s that he, like other officials, frequently used.  We are at war and have been for a long time, and it is not going as well as we need it to.  We have to find solutions beyond war to bring security for our interests and freedoms for others.  

“Stronger together” is a great slogan against Trump in this campaign, but it also reflects were we need to go as a country after the election to become the kind of global leaders we want to be.  Gration may be the kind of person that could help us avoid mistakes and build relationships (whether he was the best person to run a particular embassy at a particular time).  [I update to correct the Hillary Clinton campaign slogan from “Better Together” to “Stronger Together”]