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.

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.

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.

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.

Nairobi’s Star publishes extraordinary story using SECRET 2009 Cable about Amos Wako corruption issues published by Wikileaks in 2010 to explain U.S. visa ban and designation

Read here from The Star: “What Ranneberger told Washington about Wako on corruption”.

Update Nov. 19, see the follow-up: “10 big names join Wako on US travel ban“.

When Wikileaks first published the mass of stolen State Department cables in late 2010 while Michael Ranneberger was Ambassador to Kenya The Star to my recollection did not write any stories from them–including about this 2009 cable, classified SECRET, on the Amos Wako issues. Of course it was more timely then and Wako was still serving as Attorney General.

The Star and The Standard both stayed away from direct coverage of material from the leaked cables, while The Nation did a small number of Kenya stories–not including this Wako subject matter–before quickly backing off.

The most topical of those for me back in 2011 was a Nation story revealing that in early 2008 the US had issued undisclosed (and unknown to me) visa bans against three members of the Electoral Commission of Kenya based on substantial evidence of bribery. The State Department has never to this day acknowledged knowing about the bribery at the ECK in the 2007 election and the publication of such stories in the Nation quickly dried up. (I was told of ECK bribery by another diplomatic source in January 2008.)

Back in the States in my job in the defense industry (with my security clearance) I was told by a friend in the Kenyan media that I had been “sweetly vindicated” on my public contradictions with the Ambassador in the New York Times and otherwise about the 2007 election but the “Wikileaked” cables were not available to me due to the obligations of my security clearance. Readers of this blog will know that I started the process of requesting related information through the Freedom of Information Act in 2009, more than a year before Wikileaks hit, and that I have received released versions of some of the same Cables that Wikileaks published unredacted.

I learned in real time that Ranneberger expressed active displeasure with The Star for publishing a story in February 2008 on the leaked USAID/International Republican Institute exit poll showing an opposition (Odinga) win in the December 2007 election, so I always assumed that it was likely that the Kenyan newspapers received diplomatic encouragement not to publish independently from the stolen cables.

Clearly the Trump Administration has had quite a very different approach with Wikileaks than the Obama Administration did back in 2010 and Ranneberger is now retired from Government himself and working as a consultant and lobbyist looking, among other things, to influence the Trump Administration. So lots of things have changed aside from Wako moving to the Senate from the Attorney General’s office and having a leading role in the current Building Bridges Initiative.

[I will add links to my previous posts, but wanted to go ahead and get this up.]

See “Part Seven — one last FOIA Cable on the 2007 exit poll“:

. . . .

The quest for accountability to Kenyan voters has remained unanswered sadly.  A news story in the Daily Nation in 2011, in the final item on my chronology of links to coverage of the Kenyan election, reports from an alleged leaked cable that ten days before this February 18, 2008 meeting at the Ambassador’s residence, the State Department issued “visa bans” against ECK members based on evidence regarding bribery–but did not disclose this circumstance, or the evidence, at this [Feb 18] meeting (I checked with a participant).  We, the United States, made clear that we were willing to step up financial and rhetorical support for reforms in Kenya–such as the new constitution–under a deal in which the new Kibaki administration shared power with the opposition under an Kofi Annan-brokered bargain–but we brushed aside the issue of the fraud in the election.

Kenya election vote counting Westlands Nairobi

Kenya Senator Amos Wako, former longtime Attorney General under Moi and Kibaki, gets US “public designation” for involvement in corruption and a second US “visa ban”

Secretary of State Pompeo released a press statement today announcing a “public designation” by the United States of former Attorney General Amos Wako, along with his wife and son, for evidence of involvement in significant corruption, seemingly from his time as Attorney General. Wako served during both the Goldenburg and Anglo Leasing corruption scandals.

Recent news finds the successful Goldenburg scam architect Kamlish Pattni obtaining a court judgement for additional funds from the Government relating to incompetent prosecution endeavors against him. Also we read this week that more than Switzerland has been holding frozen funds related to the Anglo Leasing scandal which have not

The previous visa ban on Wako under U.S. Presidential Proclamation 7750 of 2004, was legally confidential, but was announced by then-Ambassador Michael Ranneberger in a Tweet in November 2009. Wako publicly acknowledged the ban for alleged failure to cooperate with reforms in the wake of the Post Election Violance following the 2007 election and announced he would sue to have it lifted. It is unclear when that ban was lifted, although it must have been a some point. As of December 2015 then-Ambassador Robert Godec told The Standard that there were several Kenyans barred from the US under Presidential Proclamation 7750.

In early 2008, according to a Daily Nation report said to be from Wikileaks, the US banned three Kenyan member of the Electoral Commission of Kenya based on evidence of bribery, but the US has never made any type of disclosure of that action or the underlying Election Commission bribery issue although I was told separately of ECK bribery by non-US diplomatic sources in the course of my work for the International Republican Institute during the Post Election Violence.

Reviewing the 1992 Election Observation Report from the International Republican Institute for my last post I noted that Attorney General Wako was accused by IRI of being “responsible for egregious pre-election irregularities related to the election framework” along with many of the District Commissioners.

Kenya’s Moi hired Paul Manfort and Roger Stone’s firm to lobby the National Democratic Institute and others ahead of 1992 election

Back in the 2008 presidential campaign between John McCain and Barack Obama, Senator McCain got some criticism for using Charlie Black, previously of the Black, Manafort, Stone & Kelly firm as a campaign consultant in part because of the firm’s background in lobbying in Washington for various dictators like Moi and Mobutu of African nations and Marcos of the Philippines. More recently, the spotlight has shifted to Paul Manafort and Roger Stone from that storied firm who have been convicted recently of multiple felonies related to their service to Donald Trump’s 2016 campaign and in Manafort’s case also involving money laundering associated with more recent work for a Russian oligarch in Ukrainian politics.

Washington reporting that I saw during the 2008 campaign noting the Black, Manafort Stone & Kelly work for Moi had a significant oversight in accepting spin that the Moi relationship had concluded with the end of the Cold War and the beginning of active U.S. support for democratization in Africa, including the push on Moi to legalize non-KANU parties, which came to fruition in the December 1991 legalization of political opposition.

My guess is that reporters relied on an incomplete aggregator rather than going directly to the original Foreign Agent Registration Act filings (online at http://www.fara.gov). Regardless, the point is that Black, Manafort Stone & Kelly made a third filing for Kenya under Moi for March 1, 1992 to February 28, 1993 that covers Moi’s December 29, 1992 re-election. Along with the U.S. Executive and Legislative branches, Black Manafort Stone & Kelly were to lobby the IMF and World Bank and “public interest and activist groups such as the Black Caucus, Africa Watch, Environmentalists, National Democratic Institute, Civil Rights Lawyers, African-American Institute, Article 19 (journalists) and other activists and public interest groups.”

[Another discrepancy is that the summary list on the Justice Department website lists an incorrect name, a successor firm, for the Black, Manafort Stone & Kelly, Inc. filing for 1992-93.]

As I have written previously, see “My Joel Barkan Tribute“, US Ambassador Smith Hempstone, a George H.W. Bush political appointee, wrote in his memoir Rogue Ambassador that he had recommended to Moi that Kenya allow the National Democratic Institute (NDI) to observe that first post-independence multi-party election featuring FORD-Kenya (Jaramogi Oginga Odinga), Ford-Asili (Kenneth Matiba) and the Democratic Party (Mwai Kibaki) among others challenging Moi’s KANU. Moi vetoed NDI for the Election Observation Mission but went ahead to invite “sister organization” the International Republican Institute (IRI) for whom I served years later in 2007-08 as Resident Director for East Africa in Nairobi.

IRI and NDI are private District of Columbia not-for-profit corporations established originally at the Republican and Democratic National Committees, respectively. Along with two other special purpose democracy assistance not-for-profits associated with two other parents, the United States Chamber of Commerce and AFL-CIO (an affiation of labor unions), these four “core institutes” receive funding from the National Endowment for Democracy or NED, pursuant to 1983 legislation. NED receives direct funding from the United States Government and is also able to raise private donations, as are the four “core institutes”.

It never came to my attention one way or the other whether Black, Manafort, Stone & Kelly consulted Moi on the decision to reject NDI in favor of IRI or what Moi’s considerations might have been in taking that position. Nor of the State Department, USAID and/or others in the US Government and in IRI in going along.

Moi was re-elected according to the Electoral Commission of Kenya with approximately 36% of the vote.

The election was seen as badly flawed but nonetheless representing “the will of the people”. Presumably that would mean a recognition that within a year of opposition being legalized and with State resources deployed on behalf of Moi, a good 2/3 of Kenyans wanted to replace him, but without a runoff or a pre-election “deal” among the fledgling opposition parties Moi would be able to keep power and claim to have switched from a single-party authoritarian system to a “democratic mandate” without giving up power or persuading a majority of Kenyans that he deserved it.

After Bill Clinton defeated President George H.W. Bush and Ross Perot in the November 1992 elections, Bush launched Operation Restore Hope, landing Marines and Navy Special Forces on the beach in Somalia December 9 leading UNITAF, a new UN humanitarian mission to replace UNISOM I, the ultimate predecessor of the current AMISOM which began in 2007. See an early official postmortem on Operation Restore Hope from the United States Institute for Peace here.

In Kenya after 27 years the Moi family remains prominent in political and business matters in Kenya with the son of Moi’s original benefactor Jomo Kenyatta eventually succeeding Moi as president in 2013 after a 2003-2013 interregnum under Mwai Kibaki who was Moi’s Vice President for the first ten years of his presidency from 1978 to 1988.

Bechtel Mombasa-Nairobi Expressway project background

Ambassador McCarter has been engaging with Kenyans on Twitter following an Embassy media release on US support for the proposed Mombassa-Nairobi expressway.

For background:

U.S. withholds funding for Sh. 300 billion Mombasa-Nairobi expressway. This was the news on May 27, 2019, as reported from A1Autoservice,Ltd.com:

Nairobi-Mombasa expressway funds stalled 

The US Government has temporarily shelved funding for the proposed Sh. 300 billion Nairobi-Mombasa expressway over cost implications. The construction of the 485-kilometre road to ease perennial traffic snarl-ups was to be done by American engineering firm Bechtel after Kenya and US struck a deal during last year’s meeting between Presidents Donald Trump and Uhuru Kenyatta at the White House. The US ambassador Kyle McCarter, said the US was scrutinising the proposal to establish whether Kenyans would get value for their money. He said the cost was in question at a time when the country is struggling with piling debt. 

Responding to queries whether Bechtel had lost the contract to China, McCarter said: “Bechtel did not lose the deal, we are still working on the finance. Kenya has a challenge of debt and we are wary of burdening Kenyans”. “We did not want to sign onto a project whose cost would turn out to be three to four times higher than the actual. We want to ensure there is an honest return on investment for Kenyans before we break ground.” 

In 2015, PriceWaterhouseCoopers (PwC) — in a feasibility report — indicated that the costly project was viable.McCarter said US zero tolerance for corruption forced them back to the drawing board and would only embark on the project once they are satisfied it guarantees value for money for Kenyans and will not sink the country deeper into debt. 

The envoy affirmed US support for the war against corruption and termed the plunder of public coffers an act of outright thievery. “Calling it corruption makes it mystical, like those behind it share the proceeds with the nation. But the truth is that it is simply taking what is not yours and that is thievery,” he said. 

The proposed road will be a dual-carriage motorway with four lanes to ease congestion and cut travel time between the two cities from the current 10 to about four hours.It will run parallel to the current Nairobi-Mombasa highway and will help promote trade and movement in Kenya and the neighbouring countries of Uganda, Rwanda, Burundi, DRC and South Sudan. 

Working documents on the project show that it is expected to start any time after the June budget release.Bechtel estimates that construction of the expressway will create 500 jobs and involve local businesses supplying up to 100,000 tonnes of cement and 40,000 tonnes of steel.

Here is a digest of stories on the project from July 2017 to July 2018:

The battle for road tenders hots up as U.S. giant opens Nairobi office, Construction Kenya, July 11, 2017:

. . .

As a starting point, the US construction giant has already expressed its interest in the forthcoming expansion of the 485-kilometre Mombasa-Nairobi highway into a six-lane dual carriageway.

The US Export Import Bank is strongly pushing Bechtel to secure the contract in an arrangement similar to that of the China Export Import Bank where the Asian bank funds projects contracted to Chinese firms.

“With the support of the US government agencies such as Overseas Private Investment Corporation (OPIC) and the Export-Import Bank, we can provide solutions to move this critical project forward quickly with a high standard of quality,” Mr Patterson added.

The entry of Bechtel – along with its financial backing by the US Exim Bank – will complicate matters for Chinese multinationals who have been winning all tenders for projects financed by the China Exim Bank. . . .

U.S. firm wins deal to build Kenya’s first high speed highway, Construction Kenya, Aug 17, 2017:

US-based engineering firm Bechtel International Inc. has signed a Sh230 billion commercial agreement with the Kenya National Highways Authority (KeNHA) for construction of a 473-kilometre Nairobi-Mombasa high-speed expressway.

KeNHA director general Peter Mundinia said the signing of the deal has paved the way for the next stage of mobilisation of financing from export credit agencies in the United States of America.

. . .

It is expected that agencies such as the US Export-Import Bank and the Overseas Private Investment Corporation (OPIC) will finance the project.

“It is projected under the proposed commercial contract that the 473km highway will be completed in ten sections within the next six years,” Mr Mundinia said.

The first section, from the junction with Namanga Road near Kitengela will have an interchange near Konza ICT City and a spur road to Kyumvi (Machakos Turnoff) on Mombasa Road. This section is anticipated to open to traffic in October 2019. . . .

U.S. rejects Kenyan press criticism of $3B Bechtel roads deal, Global Construction Review, Sept. 25, 2017:

The US embassy in Kenya has rejected a newspaper’s criticism over a $3bn road contract awarded to Bechtel without competitive bidding.

The embassy said the Nairobi-to-Mombasa expressway had been under discussion for two years, and had been evaluated to ensure Kenyans receive value for their money. 

It also rejected press claims that the award was a “thank you” to the US for its political support of the Uhuru Kenyatta government. 

On 13 September, the day after the article appeared, the embassy tweeted: “US private firms (bound by US anti-corruption laws) investing in Kenya’s future bring jobs, tech transfer and development. This expressway has been under development for two years to bring best value. The US embassy does not and will not give political favours for commercial deals. On Kenyan election 2017, we’ve been and will continue to be strictly neutral.”

Kenyan government officials also defended the Bechtel deal. Peter Mundinia, director general of the Kenya National Highways Authority (KeNHA), said on 18 September that Bechtel was selected because of its experience of handling large infrastructure projects “over 119 years”.

He added that the Kenyan government had entered into an agreement with the US government in July 2015 whereby US companies would develop key infrastructure projects with US funding.

The US and Kenyan authorities were responding to an article in Kenya’s Financial Standard newspaper that questioned the way the project was announced and quoted from a Ministry of Transport briefing, carried out before the contract award, which argued the project should be put out to tender as a public–private partnership (PPP).

The Standard highlighted the fact that contract for the 473km A8 expressway between Mombasa and Nairobi was announced three days before the 8 August general election, and broke with established practice by being made without a Ministry of Transport press conference or an announcement from the president’s office. 

Instead, the announcement was made on a Saturday afternoon when government departments are usually closed, and made no mention of the project’s estimated price. 

The newspaper drew a comparison with the way the government had awarded the country’s standard gauge railway (SGR) scheme to Chinese contractors before the 2013 general election. In both cases the winner was appointed without putting the work out to competitive tender. 

In the SGR case, the choice was determined by the fact that China was making the funding available for the line; in the case of the motorway, the motive was to thank America for an “unspecified service” that the US had done for Kenya, according to unnamed “government insiders” quoted by the Standard.

According to the Standard there are now concerns within the Kenyan government over the amount of debt the country is taking on. The combined cost of the rail and road link between the country’s main port and the capital is likely to be at least $6.7bn, or almost 10% of the country’s GDP.

The controversy comes at a sensitive time in Kenya after the results of the 8 August election, which recorded a victory for the country’s incumbent president Uhuru Kenyatta, were annulled by Kenya’s Supreme Court on 1 September. 

The court cited irregularities and illegalities in the transmission of results and ordered the election to be held again within 60 days. It is due to take place on 26 October. Kenya has a history of serious post-election violence.

Nairobi-Mombasa expressway project dogged by serious concerns, Construction Kenya, July 4, 2018

Almost a year after Kenya signed a deal with US engineering firm Bechtel for construction of a Sh300 billion high-speed expressway between Nairobi and Mombasa, the two parties are yet to agree on how to finance the project despite a series of extremely high-level talks.

On the one hand, the Kenyan government wants the 473-kilometre Nairobi-Mombasa expressway to be completed through the Public Private Partnership (PPP) model where private investors will build and operate the facility for up to 25 years – charging toll fees – to recoup their investments and margins.

On the other hand, Bechtel International is opposed to the PPP model which it says will cost the Kenyan taxpayer Sh540 billion over next 25 years.

The company has therefore urged Kenya to undertake the project under an engineering, procurement, construction and commissioning (EPCC) contract.

Under the EPCC model, a contractor is obliged to deliver a complete facility to a developer who needs only to turn a key to start operating the facility; hence such deals are sometimes referred to as turnkey construction contracts.

But the government, which is concerned about the fast rising public debt, has made its stand clear. . . .

“We will commence detailed discussion on how the financing approach will be undertaken under that project. We will be discussing modalities, financing structuring and the details for us to be clear on how to undertake this project,” Treasury secretary Henry Rotich said on Tuesday.