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.

Grateful that President Bush did not press President Kibaki to have to Government of Kenya investigate Senator Obama’s “birth certificate”

While I cannot prove the negative from personal knowledge, I think we can be assured that such a gambit did not happen.  But absent some sense of “boundaries”, a recognition of a difference between the foreign relations of the United States and the conduct of personal affairs and partisan political campaigns, why not?

Birther John Corsi in Kenya to investigate Senator Obama

Author of “Obamanation” and “Where’s the Birth Certificate” Jerome Corsi in Kenya during my tenure at the International Republican Institute

See “My writing on my experience with the birth of “Birtherism” and Trump’s foreign policy.

Here is my piece from last year in The Elephant discussing the origins of Birtherism in the 2007-08 election campaigns in the United States and Kenya and their enduring legacy in American politics: “FROM BIRTHER TO MORE OF THE SAME: American foreign policy in the age of Trump and its impact on Kenya.”

See also American diplomatic perspective on Obama’s Kenya visit and a few personal thoughts.

Some thoughts on US relations with the governments of Turkey and Saudi Arabia, and the Armenian genocide, in the context of NATO, military vision and religious freedom and pluralism

This is a piece reflecting some partly tongue-in-cheek musing on complex and deadly serious larger questions of “who we want to be” in the world, with specific immediate relevance to the Sudan crisis, Libya and Yemen, along with current issues with Iran that I touched on in my last post.
I decided to subordinate the title and add this preface to make sure that it was clear that I hoped to be taken “seriously but not literally”:

———————————–

If we replaced Turkey with Saudi Arabia in NATO could we acknowledge the Armenian genocide while cutting hypocrisy on current support for religious freedom versus security interests?

Update: “Erdogan dealt stunning blow as Istanbul elects rival candidate” Bloomberg, June 23.

There are a few moving pieces here, but stay with me.

First, we have longstanding unfinished business on simply acknowledging historic fact on the Armenian genocide.

This was a basic premise of the Barack Obama presidential campaign in 2008–the whole “hope and change” versus fear and loathing thing. The whole Samantha Power to lead our Mission to the UN thing. Unfortunately, it got Overcome By Events, along with the notion that Obama’s personal background, “story” and manner would allow him to be a sort of “Christian Islamist Whisperer” to realize the hopes reflected in his June 2009 Cairo “remarks to the Muslim world” from Al-Azhar.

Instead, we have let ourselves be embarrassingly bullied by Turkey. See “For Anniversary of Armenian Genocide Obama Calls It an ‘Atrocity’ Instead“, NYTimes, April 24, 2014: (“Although Mr. Obama called the acts against the Armenians genocide as a presidential candidate in 2008 and vowed to do so once he reached the White House, he again chose not to follow through on his promise for fear of offending Turkey, a NATO ally that denies that the deaths of up to 1.5 million Armenians constituted genocide. Instead, Mr. Obama implied that he still thought it was genocide even if he did not say so directly.”). To what benefit? While we have and will continue to have some interests in common with the regime in Turkey it is clear that Turkey continues to move away from democratic values, including respect for religious freedom and tolerance at the same time they have made it clear that the security relationship is very situational. What might have made sense during the Cold War when confronting the Soviet Union and the Warsaw Pact during Turkey’s years of secular authoritarianism make less sense under Turkish Islamism now that even Greece has democratized, the Russians dissolved direct control of the various European and Central Asian republics previously colonized and the Warsaw Pact disbanded in accordance with the collapse of the Iron Curtain.

Of the Islamist governments in the region, it is Saudi Arabia with whom we seem to be mutually committed rather than Turkey. Likewise, in the context of NATO if there is one Western government more committed to the Saudis than we are, it is the UK (London), the other party to our “special relationship”. Selling arms to the Saudis is a “national emergency” for the Trump Administration, and keeping the Saudis off the list of countries using child soldiers just now and earlier certifying that the Saudis were serious about trying to miss civilians in their Yemen bombings join our commitment to “knowing” as little as possible about the Khashoggi murder in demonstrating some extraordinary bond. Just as British “national security” trumped law enforcement by the UK on the BAE bribery in the al-Yamamah deals.

Our relationship with the Saudis predates the formation of NATO and a time of recognition of reality vis-a-vis Turkey may be the time to more formally recognize what the Saudi alliance has now come to be.

By recognizing the Armenian genocide while formally including the Kingdom of Saudi Arabia in mutual defense obligations, we can show that we disapprove historically of the purging of Christian and other minority religious populations while making clear that our own security as we see it in an immediate sense is our first and foremost priority and that we do not object to exclusivist and repressive Islamist governments that are willing to cooperate militarily and on national security. (And this could be another opportunity for President Trump to cooperate with Kim Kardashian on a policy initiative, as in some criminal justice reforms.)

For insight on a military view of the value of the alliance with the Kingdom of Saudi Arabia, I recommend this writing contest piece from special forces officer Scott Horr in Divergent Opinions: “Assessment of the Impacts of Saudi Arabia’s Vision2030 on U.S. Efforts to Confront Iran.”

Amidst the continuing turmoil and instability that touches many parts of the Middle East, the Kingdom of Saudi Arabia (KSA) and the Islamic Republic of Iran (IRI) maintain a fierce rivalry vying for regional and Islamic dominance. Both countries factor prominently into U.S. regional goals and interests as Iran (since its Islamic Revolution in 1979) serves as the preeminent regional threat and adversary to the U.S. while the KSA, in many ways, serves as the centerpiece of U.S. efforts to counter and degrade Iranian influence in the region[1]. As the region’s premiere Islamic rivals, internal social, economic, and political movements within the KSA and the IRI inherently shape and inform U.S. actions and efforts aimed at undermining hostile (IRI) objectives while supporting friendly (KSA) initiatives. U.S. President Trump, for instance, was quick to voice support in early 2018 for protesters in Iran railing against (among other things) perceived regime inaction and contribution to the stagnant Iranian economy[2]. Alternatively, Trump preserved U.S. support to the KSA even after allegations of KSA government involvement in the killing of a prominent and outspoken journalist[3]. Such dynamics underscore how the inner-workings of regional rivals create venues and opportunities for the advancement of U.S. interests confronting regional threats by applying pressure and defining alliances using different elements of national power.

In 2016, Saudi Crown Prince Muhammad bin Salman, known as “MBS,” unveiled an ambitious and grandiose plan for economic, cultural, and social change in the Kingdom. In response to a worldwide decline in oil prices that drastically shrunk Saudi cash reserves and simultaneously highlighted the precarious state of the Kingdom’s oil-dependent economy, MBS released “Vision2030”- a sweeping program of reform that aimed to create a vibrant society, build a thriving economy, and establish a culture of ambition within the Kingdom[4]. Motivating these ideas was a desire to increase the privatization of the economy and make Saudi society attractive to foreign investment to diversify the economy and decrease its dependence on oil[5]. Whether explicitly or implicitly, the mechanisms of change that drive the execution of MBS’ Vision2030 rest on the extent to which Western values (namely free-market principles and social liberalism) can be inculcated into a historically conservative and closed society. Given the magnitude of Vision2030’s scope, targeting all of Saudi society, the ideology involved in its execution (incorporating Western values), and the KSA’s geopolitical status as a key U.S. ally against Iranian foreign policy objectives, the implementation and execution of Vision2030 cannot fail but to have far-reaching impacts on both Middle Eastern regional stability in general and U.S. efforts confronting Iran in particular.

. . . .

For an appreciation of the extent to which things have fallen apart during the Bush, Obama and Trump Administrations, See Janine di Giovanni’s “The Vanishing: the plight of Christians in an age of intolerance” in the December Harpers on the impact of war and oppression in Iraq, Syria and Egypt. And then last month, Emma Green’s Atlantic piece, “The Impossible Future of Christians in the Middle East: An ancient faith is disappearing from the lands in which it first took root. At stake is not just a religious community, but the fate of pluralism in the region.”

In terms of aid, the Trump Administration deserves credit for stepping up some overdue help and attention to minority religious communities beleaguered in the aftermath of the invasion of Iraq and the rise of al-Queda in Iraq/ISIS. At the same time, they have turned a harder, colder shoulder to accepting immigrants while embracing the exponents of Wahabist ideological expansionism who have done so much harm to pluralism and tolerance even in areas where it once thrived.

For a more divergent take suggesting that things have just not been adding up over the years, see retired career soldier and historian Andrew Bacevich’s “America’s War for the Greater Middle East“.

Podcast recommendation: over the past six months Travis Adkins’ “On Africa” from Washington has been a great resource

Djibouti IGAD Election Observation Mission press conference led by Kenya’s Issack Hassan of IEBC

There has been an explosion of great work in English relating to Africa in the podcast genre recently, and as an amateur I am way behind in sampling the free learning available just from time constraints. Today I want to flag the relatively new “On Africa” podcast hosted by Travis Adkins which has been a great teacher for me.

Start with Episode One, on October 4 of last year with Amb. Johnnie Carson, who has lived the history of the relationship between the U.S. and Zimbabwe, on “Zimbabwe after Mugabe.” November 6 on Cameroon as an “Electoral Dictatorship in Crisis” with Dr. Chris Fomunyoh of NDI was especially helpful for me since I focus on East Africa and do not have much background on the unique challenges there. Dr. Fomunyoh is a native of Anglophone Cameroon but attended university in Francophone Cameroon and has been a high level fixture for many years at NDI where he is Director for West and Central Africa.

Episodes of December 19, 26 and 31 on Sudan and South Sudan with Amb. Susan Page were especially good. Amb. Page has a personal background with the negotiations leading to the 2005 provisional government, served as NDI Regional Director and was appointed by President Obama as the first U.S. Ambassador following South Sudanese independence–so again, a sweep of recent history on into current events from an “insider” perspective.

Most recently for me, the February 13 episode with Zach Vertin, former diplomat now at the Brookings Institution Doha gives a 39 minute dive into the current “Red Sea Rivalries” shaking up international relations in the Horn of Africa region. Partin has a new book out on the birth of South Sudan which sounds fascinating and I have on my list.

Most of the best Africa podcasts I have been able to take time for in recent years have been more of an academic nature–what Adkins is doing at “On Africa” with accessible overviews of high level politics and diplomacy with people directly involved is a welcome addition for someone like me who wants to deepen and broaden their knowledge as an interested citizen with limited time due to other responsibilities.

Has our choice to invest ourselves in technology robbed us of the ability to be taught by the next Rev. Dr. Martin Luther King, Jr.?

Some thoughts from the King holiday this week:

MLK became a Christian teacher for me through his writings when I was a young lawyer and a newly adoptive Mississippian in the 1990’s. I also learned a lot of the history of Civil Rights and the South through Taylor Branch’s voluminous King biographies among my other more Mississippi-specific reading. I used material from Rev. King to guest teach a couple of my Sunday School classes in Mississippi.

This was not that long ago by the timeframes of my life but before smartphones and “social media.” Also before any of us knew of Barak Obama, before my year in Kenya, and while I was still a “lifelong” Republican if drifting away in part because of some of the demands of my own faith.

King’s ministry and leadership had a long arc with a slow rise. We have learned that the FBI tried to stop him at an intermediate point but failed. His influence in some important respects peaked over years after his murder. He did not convince the majority of Southern whites in his lifetime that he was substantially right about the biggest things, but eventually he did.

Now he is a statute off the mall in Washington and a great source of quotes for all occasions and whatever purpose but we can hardly stop and think and/or pray and talk through the differences in how we see our country around us.

I am afraid that today someone like King would be delegitimized and marginalized long before he or she could lead us to change.

Likewise, the less currently “popular” parts of his message might further overwhelm those that were eventually heard. And we could not hear a Christian minister today as we eventually came to hear him.

Today, it would not seem feasible to pass morally challenging legislation like the Civil Rights Act and the Voting Rights Act with bipartisan support and against bipartisan opposition because we do not allow ourselves to accept leadership of that type from outside politics and the people that we elect are not leaders at that level.

And now we find ourselves beset with contentions and backlash after years in which many of us assumed that continued steady if slow progress was assured. We have what seems to me an extraordinary partisan divide in which the vast majority of Republicans see racial discrimination against African-Americans as mostly a solved issue and “reverse discrimination” as more salient while the vast majority of Democrats see it in a more “traditional” frame.

As a moderately conservative white adoptive Southerner, “my people” are now very much oriented to the Republican side of politics but I cannot understand my day-to-day world in a way that inverts the racial discrimination burden and it is a struggle for me to know how to address myself to this gap of perception. We made tremendous progress during my lifetime and it is vital to recognize that–and to recognize the toil, sacrifice and courage of those like King that were necessary for the country to accomplish that. But you cannot just declare “peace with honor” and pretend that things cannot come apart because you do not want to deal with the challenge any more.

  • We have work to do.
  • How can Americans heal from “Birtherism”?

    Some thoughts:

    1. First, admit the scope of the problem. Birtherism has in fact done significant damage to the United States and our national interests, and to our character and moral fibre, from it’s beginning in 2008.

    2. It has done great harm to the Republican Party as an institution, not just to Obama and the Democratic Party against whom it was directed. Because we only have two parties that control essentially all political power in the United States and have established themselves in a semi-official role in a “two-party system,” the distortion of debate and behavior in the Republican Party by the widespread influence of Birtherism at the grassroots, radiating up, has been and continues to be a problem that impacts every American and weakens our country.

    3. Disagreements based on a bizarre and untenable conspiracy theory are a diversion from our ability to properly respect each other and discuss/debate substantive issues, solve policy problems and do the business of self-governance.

    4. The price of paranoia accumulates over time. It morphs in ways that we cannot rationally predict. It preys not just on prejudice, but also to an extent on the lack of education and lack of experience with and exposure to the world, taking advantage of people who are vulnerable. Otherwise responsible Republican elected officials who “ducked” having the courage to repudiate Birtherism in its early years probably assumed it would fade away, not anticipating that Donald Trump would rejuvenate Birtherism as a key tool for his successful insurgent campaign for the presidency.

    5. Americans of both parties and none will have to “grow up” enough to be willing to voluntarily re-build guardrails for democratic competition that “re-norm” truthfulness and erring on the side of caution when it comes to the amplitude of vitriol in the “permanent campaign” between Republicans and Democrats, as well as related ideological contests.

    6. In particular, Republican Senators and Congressmen and state level elected officials and Party officials who shrugged their shoulders or said the equivalent of “well, you never know” should have a “come to Jesus”, take responsibility and make affirmative steps.

    Embassy Kenya: Six Years after Robert Godec’s Confirmation Hearing as Ambassador, no word on vote on his nominated successor

    Flashback to six years ago, during the “lame duck” Congressional sessions following President Obama’s re-election:

    NOMINATIONS OF ROBERT F. GODEC AND DEBORAH ANN McCARTHY WEDNESDAY, NOVEMBER 28, 2012 U.S. SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, DC Hon. Robert F. Godec, of Virginia, to be Ambassador to the Republic of Kenya Deborah Ann McCarthy, of Florida, to be Ambassador to the Republic of Lithuania

    The committee met, pursuant to notice, at 2:25 p.m., in room SD–419, Dirksen Senate Office Building, Hon. Christopher A. Coons, presiding. Present: Senators Coons, Lugar, and Isakson.

    OPENING STATEMENT OF HON. CHRISTOPHER A. COONS, U.S. SENATOR FROM DELAWARE Senator COONS. I call this hearing to order. I am honored to chair this hearing for the ambassadorial nominees to serve this Nation in Kenya and Lithuania, Ambassador Robert Godec and Ms. Deborah Ann McCarthy. Both nominees have impressive and long records of service and accomplishment in the Foreign Service of the United States, and I look forward to hearing about their priorities for advancing U.S. policies and interests in the countries to which they may soon go as our Ambassadors. I am also very pleased to be joined by my good friend and ranking member, Senator Isakson, of Georgia, and particularly honored that Senator Lugar, the ranking member of the full committee, has joined us today; and I understand Senator Durbin, of Illinois, may as well join us shortly. I apologize for the delay in getting started. We had a vote on the floor of the Senate.

    As some know, Kenya has particularly important meaning for me. The first time I ever set foot in Africa was as a undergraduate spending a semester at the University of Nairobi, and I later volunteered at an orphanage in Ngong. My experience there was transformative, and changed my perspective on the world, and gave me a new sense of purpose and focus. And I returned to Kenya, for the first time in 25 years, just a few months ago.

    In Nairobi, I had the opportunity to speak at the Kenyan National Prayer Breakfast, as Senator Isakson has, as well, this year, with President Kibaki and others, where I affirmed the centrality for the United States of the upcoming elections and our sincere hope that the violence and chaos of the 2007 elections can be averted. The United States, in my view, is, and should be, closely watching the process surrounding this election, and we’ll work closely with Kenyan officials to ensure the elections are peaceful, credible, and transparent. And I emphasized then, as I will again today, that we do not favor any particular outcome or candidate, but, instead, a free and fair process. Kenya has made remarkable progress in recent years in reforming its constitution, building democratic institutions, expanding press freedoms, and improving its economy. I was particularly impressed, during that visit with the younger generation of Kenyans, in the great potential that exists amongst entrepreneurs. There are many other things to be concerned about in the process toward the election, and I look forward to hearing about them in more detail from Ambassador Godec. Several factors may well influence the outcome of the election— ethnic tensions, the balloting registration process, the behavior of the police and security services, messaging of the candidates—all of which I hope we will get into in some more detail.

    The other main area of concern for me regarding Kenya is its military involvement in Somalia, the ongoing security challenges, both within and without Kenya and its borders. Kenya is home to the largest diplomatic mission in Africa, from which a host of government agencies oversee bilateral and regional programs, and serves as a base for humanitarian relief, food security, and global health initiatives, and I’m eager to talk about that, as well as the potential for trade and investment in the region.

    To serve as our next Ambassador in this critical post, in my view, President Obama has chosen wisely in nominating Ambassador Godec, who has served as Charge´ in Nairobi since August and has been received positively by government, civil society, and NGOs. Having built a strong career as the former Ambassador to Tunisia, he recently served as Principal Deputy Counterterrorism Coordinator in the State Counterterrorism Bureau. Prior to his service in Tunisia, he served as Deputy Assistant Secretary for Near Eastern Affairs. This is Ambassador Godec’s second time in Nairobi, following a posting from 1996 to 1999 as Economic Counselor.

    PREPARED STATEMENT OF RICHARD G. LUGAR, U.S. SENATOR FROM INDIANA It is a pleasure to welcome Ambassador Godec once again before the committee, in this case as the President’s nominee to be Ambassador to Kenya. His stewardship as Charge´ over the last several months comes at a very challenging time for our large and important East Africa Embassy. He has brought deft and experienced management to Nairobi and effectively sustained our varied interests and priorities with Kenyans and the Kenyan Government at a critical time. Among the most important interests is United States support for a free and fair electoral process leading up to national elections in 2013, the first since the abhorrent violence that followed the 2007 elections. United States interests extend broadly in East Africa and recognize the commitment Kenya has made in Somalia under the AMISOM umbrella, as well as its long support for regional peace initiatives. Kenya also has been a key counterterrorism partner in a variety of areas that are of mutual concern with broad global potential for impact. These include Kenyan efforts fighting al-Shabab and building its own counterterror capabilities in maritime and border security. Our extensive cooperation extends to providing a regional platform for the Defense Threat Reduction Agency and the Center for Disease Control in securing biological materials that pose a threat to millions if neglected. I would like to thank Ambassador Godec for his expeditious review of a longstanding request incorporating DTRA into a large Embassy country team.

    President Trump nominated Illinois State Senator Kyle McCarter to replace Godec back on March 28, 2018, and a confirmation hearing was finally held on July 31, 2018, but no public word has come about an actual vote by the Senate Foreign Relations Committee. McCarter was to make follow-up submissions about controversial tweets to the Senators. In the meantime, McCarter had announced prior to his nomination that he was not running for re-election to the State Senate and a Republican has been elected to succeed him in January. Trump’s Republicans gained three seats overall in the U.S. Senate.

    Godec is now the longest serving U.S. Ambassador to Kenya, well exceeding Michael Ranneberger’s essentially double Bush-Obama term (even without including Godec’s six months as Charge d’Affaires).

    My writing on my experience with the birth of “Birtherism” and Trump’s foreign policy

    Birtherism is back in the news with statements by Jerome Corsi, author of The Obama Nation and Where’s the Birth Certificate?, that he expects to be indicted by the Grand Jury in the Special Counsel investigation of Russian interference in the American presidential election. News stories this week on Corsi’s role in the current investigation used photos from Corsi at Kenya Immigration in 2008 when he was expelled while investigating Obama while I was Regional Director for the International Republican Institute.

    Update: Voice of America, Nov 23, “Roger Stone Associate in Plea Talks with Mueller“.

    FILE – Jerome Corsi, center, who wrote “The Obama Nation: Leftist Politics and the Cult of Personality, follows an immigration department officer holding his passport.

    Likewise, Michelle Obama made news in pre-tour snippets from her new memoir “Becoming” that she most especially found birtherism from Trump unforgivable on a personal basis because of “his loud and reckless innuendos putting my family’s safety at risk.” See “In Her New Book, Michelle Obama Denounces Trump’s Sexism and His Promotion of the ‘Birther’ Conspiracy” from The New York Times.

    A few weeks ago I had a piece in The Elephant which ran with the title “From Birther to More of the Same: American foreign policy in the Age of Trump and it’s impact on Kenya.” Salim Lone, former Raila Odinga spokesman, commented: “As always, a very interesting and objective look at our elections and the role the U.S. has played here from Ken Flottman. He is on the dot for pointing out the continuity in Kenya of the Bush Obama Trump arc, but on matters election, I’d give Bush an upper hand.” (I would appreciate any thoughts or observations you might have.)

    I wrote about Corsi more specifically and his role in the 2008 United States presidential campaign between the late International Republican Institute Chairman Senator John McCain and then Senator Barack Obama back in 20014 here:

    “A few thoughts about ethnic polarization in Kenya as we wait on the ICC”

    An important thing for outsiders to realize is how complex, and deliberately obscured, these things are in Kenyan politics–and how much of what is said in popular fora in the United States is at least misleading if not flatly wrong factually and in some cases deliberately malicious. (I have finally just now brought myself to read the whole Chapter 4 on “Kenya, Odinga, Communism and Islam” in Jerome Corsi’s book The Obama Nation which was published shortly after I returned from Kenya in the summer of 2008 during the American presidential campaign.  It was a major bestseller and thousands of Americans may have read more about Kenyan politics in that chapter than they have ever read elsewhere over their lifetimes.  Corsi . . . paints a picture of the Kenyan election and the post election violence that is very much at odds with my understanding and experience, as well as anything I heard expressed internally at the International Republican Institute, or through my family’s church in Kenya or from our missionary friends or at my children’s missionary supported school.  In other words, malicious.)

    One of the most important and interesting things that I have learned (so far) from my Freedom of Information Act requests to the State Department relating to observation of the 2007 Kenyan election was that the Ambassador’s staff reported to him and up the chain during the campaign that while there was hate speech showing up on both sides of the ODM/Odinga and PNU/Kibaki contest, the greater weight of it was directed against Odinga.  This surprised me because I had relatively limited separate interaction with anyone else at the State Department besides the Ambassador and his personal approach and attitude in my dealings with him certainly gave no hint of this background from his staff in the context of his tactics in addressing the Kenyan campaign.

    Barack Obama image New Orleans

    Barack Obama, son of American anthropologist, retired President USA, stops in Kenya on way to South Africa after safari

    Ten years after 2008 campaign, the “Birthers” have won for now in the U.S., but Obama remains a positive symbol with time for another act:

    Former President Obama stopped in Kenya on his way to South Africa, his third visit to Kenya since arriving on the national political scene in the United States in 2004 as an Illinois state legislator through a speech at the Democratic Convention that nominated John Kerry to challenge the re-election of George W. Bush.

    It is now ten years since I returned to the United States with my family from our year-long East Africa democracy assistance sojourn in Nairobi in the wake of the failed 2007 election, the post-election violence, and February 28 “peace deal”. The day we flew out of JKIA for Amsterdam en route to Atlanta on the way home to Mississippi I was first exposed to the “birther” conspiracy theory through a front page story in the Daily Nation.

    Many may not remember fully now, but recognize that in its inception the “birther” conspiracy theory was not just the idea that then-Senator Obama was secretly born in Kenya, and secretly smuggled into the United States as an infant, and thus not technically eligible to be elected President. It also fit into the context of the claims that Obama was involved as a U.S. Senator from Illinois in 2007 in a conspiracy with Raila Odinga to steal Kenya’s election on behalf of Muslims, with killing of Christians and embellished from there into a narrative that rather than a loyal American Obama was essentially on the side of al-Queda and the global jihad to establish a sharia-enforcing caliphate. That Obama was in essence on the other side of the war being fought by Americans in the “surge” led by Bush and General Petraeus in Iraq as well as the fundamental underlying values of our democratic republic and Western democracy in general.

    The conspiracy theories about the 2007 Kenyan election faded somewhat over time–partly because of the peace deal that put Odinga in Kibaki’s government as Prime Minister where he continued to be friendly to the West and partly because it became clearer that the election was stolen by Kibaki’s side which controlled the ECK (and not by the opposition which didn’t). Reports at the time from the American right at the Heritage Foundation think tank and National Review magazine (“Inside Kenya’s clumsily rigged election” Jan 4, 2008 National Review Online) noting the theft of the election helped American conservatives who cared about facts avoid getting sucked into nonsense about a Luo jihad involving “tribesman” Obama and “cousin” Raila.

    While there remain a few holdouts who claim that “we can’t know” who won in Kenya’s 2007 election, they seem to be pretty well limited to personally interested parties at this point with the release of the State Department cables showing that our Ambassador Ranneberger himself saw tallies being changed at the ECK and claimed to have encouraged the late ECK Chairman Samuel Kivuitu to withstand the pressure to declare Kibaki the winner anyway, even though Ranneberger knew that the Chairman had no way to control the Committee which was thoroughly stacked by Kibaki in the weeks and months before the election.

    Once it is recognized that the vote tallies were actually changed at the ECK, Americans–most especially rock-ribbed traditional stalwarts attracted to “the Tea Party” and/or Donald Trump’s “neopatriotism”–will understand that Kenyans had a duty not just a right to protest the 2007 election. Americans would not trust biometric voter registration (or tolerate secret voter lists) but most certainly the traditional American narrative would demand that we march on our county courthouses if our votes were simply changed by our election officials. Ranneberger’s pre-election cables to Washington made clear that as of that time, the Kenyan courts were not independent and would provide no recourse so that voters would be forced to go to the streets if there was fraud that became known.

    Once you legitimize protesting the actions of the ECK, and recognize that the largest category of deaths in the Post Election Violence, per the Waki Commission, were those shot by Kibaki’s security forces, and the largest number that were identifiable by tribe were Luo, then the whole notion of some extraneous evil conspiracy somehow involving Obama and the global jihad as the reason for the post election violence becomes that much more irrational. The portion of violence in the Rift Valley that then-Assistant Secretary of State Jendayi Frazer insisted on calling “ethnic cleansing” in a January 2008 visit (a label not adopted in Washington) was conducted by Kalenjin militia in the pattern employed by KANU in 1992 and 1997. KANU was a religiously diverse secular party that sought to maintain single-party hegemony through compliant cadres among all major tribes and religious groupings in accordance with its political needs. No suggestion that Moi, who personally identified as a Protestant Christian, was a secret Muslim jihadi even though the victims may have been mostly Christians.

    The International Republican Institute/University of California, San Diego exit poll funded by USAID (the one showing an Odinga presidential win by roughly six points that was embargoed for six months) gave more evidence in the details that the 2007 election contest was driven, as normal in Kenyan, by tribal rather than religious alignment with Odinga shown as winning a majority of self-identified Christians and of Muslims (although the margin was greater among Muslims). On the other hand, there was a “gender gap” with women favoring Kibaki and men Odinga.

    It may also seem hard to remember now but by January 2009 Obama was sworn in to a wave of good feeling with high approval numbers. He had campaigned as a pragmatic moderate Democrat who was against dumb wars and only for smart ones, a Christian who grew up with limited religion who was popular with the irreligious left, the Christian left and made some real inroads courting what we call “Evangelicals” who were not part of the more politicized harder “Religious Right”. The inaugural celebrations seemed to suggest some real healing from the cultural rifts from “the Sixties” and “Vietnam” that featured so prominently in presidential campaigns throughout my lifetime, as well as a milestone to show that we had come so far in overcoming racial prejudice in the post-Civil Rights era that black/white racial issues were no longer much a part of those cultural rifts. Maybe we had more in common than our political leaders had been telling us since the rise of Fox News and the Bill Clinton impeachment saga; maybe this president could be a “uniter not a divider” where his predecessor had failed. In part this failure was because the Bush political operation ended up pulling a “bait-and-switch” by mobilizing gullible church networks to support the invasion of Iraq for regime change using a claimed causus belli of active chemical/biological and nuclear weapons programs then firing up the culture wars further to drive turnout to get re-elected over John Kerry. This was a bad error of moral judgment that has continued to reverberate through American politics.

    Kerry was certainly a Yankee patrician from “central casting” — as Kenyans well know from the 2017 election — but was unquestionably accurate in pointing out in debate with Bush that we had gotten “stuck in Iraq”. Of course Kerry was too polite, patrician and/or patriotic to go for the jugular and trash Bush for Iraq the the way Donald Trump did in his 2016 campaign.

    For saying that we were “stuck in Iraq” Kerry got pilloried as “unpatriotic” aside from the “Swift Boat” sliming he got over his military service in Vietnam–conveniently not a problem for Clinton, Bush, Cheney or Trump who all managed in various ways not to get sent, and unlike Kerry, did not volunteer to actually go to Vietnam. Nonetheless, the unhealed cultural wounds were still such almost 30 years after the fall of Saigon that Vietnam was a winner for Bush over Kerry in spite of Iraq.

    Part of the reason that Obama took office with a waive of good feeling and better numbers than he had during the election was that McCain declined to play along with trashing Obama in the darker ways and treated him as a legitimate political adversary. It was good for the country and gave Obama a fair start in office.

    “Birtherism,” though, in spite of McCain’s choice, became an enduring American movement which has had a profound effect on our politics and transformed the Republican Party with which I had been involved for much of my life.

    Ultimately, the Birther Movement became a tool for Donald Trump as an outsider to gain “free media” and attention and admiration with those who were otherwise profoundly afraid of or opposed to the Obama presidency.

    People like John McCain and George W. Bush or his family members in politics, whatever their faults and mistakes on policy choices (even the really big one, invading Iraq, which McCain acknowledges in his latest book, The Restless Wave) were too experienced, too educated, and too well advised to believe craziness about Obama being secretly smuggled into the U.S. as a Kenyan child (although the McCain campaign did check it out to make sure as did the McClatchy newspaper chain) and were morally constrained, in my judgment at least, from deliberately lying about it to hurt Obama. If you cannot buy that it was morals, at least we can agree that they were restrained by a judgment that it was better politics to stay out of that gutter. Hillary Clinton also stayed away (even if one credits the report that her adviser Sidney Blumenthal triggered the McClatchy review to make sure their was nothing to it).

    Donald Trump was not similarly constrained and his hectoring of Obama put him in the front row of politics in America. He shared headlines with Obama even as Osama bin-Laden was being killed by the Navy under Obama’s command. Not one to accept defeat in an argument by being proven factually wrong, in this case by the release of Obama’s long form Hawaii birth certificate, Trump bided his time and cranked the Movement back up for his presidential campaign in 2015 and 2016, discarding it once he had seized the agenda and the Republican Party and the specific “birther” claim was no longer useful to him.

    It has been a bit surreal for me to see this happen. Educated middle class Americans of my generation (Obama’s essentially) have a lot to answer for in our complacency I am afraid. Our democratic republic requires more attention and effort than we have delivered in recent years whatever our party or policy preferences.

    Fortunately, just as Obama himself has, we hope, time for other acts in his public life as an American after elective politics, the Trump presidency too shall pass and the Birther Movement will be a strange chapter in political history books. It will leave scars and I expect that Trump will be willing to use other lies for domestic advantage that will manipulate gullible people and torque emotions on difficult and divisive social matters. But in the longer term I think we will rise to the occasion and get to a better range of equilibrium. We have significant long term challenges on poverty, education, healthcare and economic mobility and government debt that have been building up during our protracted wartime, but I think Americans getting more engaged and rolling up our sleeves to work on solutions.

    Trump as an individual is something of a fluke. Most of the people who voted for him have little in common with him really. I know this because they are my peers, my extended family and friends to a great extent. He lost the national popular vote in a low turnout election. Trump won in large part because neither Obama nor the Clintons succeeded in building a Democratic Party that was seriously competitive in much of the country.

    The big difference as of now is that Trump as president in our system still has far less power than the president in any of the East African countries. He will leave office at by the end of his lawful first term or his second if re-elected.

    On balance, I think that we will see American policy in its relations with Kenya in the Trump years to continue to be largely a continuation of that under Obama, as reflected in the American approach to supporting both the 2013 election with John Kerry as Secretary of State and 2017 with Kerry as chief election observer and Rex Tillerson as Secretary of State, with Bob Godec as “our man in Kenya” throughout. Just as Obama’s relationship with Kenya in its policy aspects was primarily a continuation of the approach under George W. Bush.

    There have been a few major inflection points in the American/Kenyan relationship in the last twenty years, but most have not been specific to whoever was president in either Washington or Nairobi.

    The first,of course, was the al-Queda Embassy bombings in Kenya and Tanzania in 1998, kicking off the ongoing conflict between the U.S. and Kenya against various Islamist “violent extremists”. As reflected in the Mombasa rocket attack, the USS Cole bombing, the bombing in Kampala, the various attacks in Kenya, most notoriously the Westgate Mall and Garissa University killings, a persistent understood risk of terrorist incidents have been a regional “fact of life” since. For most Kenyans who are not well secured in their daily bread, and face many bigger daily risks of violent death, terrorism is not quite so central as is to Americans, but has still inevitably shaped both sides of the relationship over the last two decades. And in this context, after 9/11 and our ensuing land wars in South Asia, with the establishment of the Combined Joint Task Force-Horn of Africa base in Djibouti Kenya resumed its regional security role along the lines established in the 1970s and 80s when the United States was fighting the Cold War and Kenyatta and Moi wanted protection from Idi Amin and Siad Barre and the kind of relationship that would be useful to them in avoiding disruption to their domestic rule.

    The next inflection point, albeit of lesser magnitude from an American standpoint, was the retirement of Moi and the transition to NARC and Kibaki.

    Next was the demise of NARC and the failure of constitutional reform with the 2005 referendum. Relatedly the Anglo Leasing scandal showed security and counter-terrorism were for sale at high levels along with the baseline of corruption in the police and security services that let terrorists move about and in and out of the country. The Artur Brothers and the Standard flamboyantly highlighted the rot.

    Next and finally was the start of the war in Somalia to save and reinstate the Transitional Federal Government and oust the ICU in December 2006.

    Since that time the United States Government has continued to have and support all our other existing priorities in Kenya such as lifesaving humanitarian health support through PEPFAR and other lower profile programs, food assistance and small farm agricultural support, along with supporting all sorts of philanthropic type programs and the somewhat more controversial “big development” initiatives like Power Africa, frequently in cooperation with other donors.

    In recent years we also started devoted more governmental focus to promoting international private financial investment, such as the 2015 U.S. Overseas Private Investment Corporation investment in the Dubai-based Abraaj Growth Markets Health Fund, L.P., that has been active in the Nairobi private healthcare market prior to recently entering liquidation under circumstances being investigated.

    Nonetheless, in the meantime we have been at war in a country with a huge border with Kenya. A country during during much of these last 11 1/2 years which has been too dangerous to support a full diplomatic and aid presence and has thus had those parts of the effort supported from Kenya, as well as a smaller role for Kenya as a host for some U.S. defense forces in addition to those at our base in Djibouti. And from reading the newspapers back in the day and a few books it is apparent that Kenya provided some military support for the invasion by the Ethiopian military at the time to contain potential spread of terrorism.

    And in 2011, during Kibaki’s second term, with the support of Prime Minister Odinga, Kenya entered the war directly and formally in its own right.

    Roughly nine months later the Kenya Defense Forces were admitted into the AU’s AMISOM peacekeeping collaboration, allowing for financial reimbursement through the Western donors, and eventually drove al-Shabaab, now formally asserting affiliation with al Queda, out of their previous position of direct control of the port at Kismayo (not to say that al Shabaab did not continue to apparently benefit from the illicit charcoal and sugar trade through the port).

    A few months before the Ethiopians were invited to restore the TFG in Mogadishu, our Ambassador Bellamy finished his service and Ambassador Ranneberger was similarly appointed by President Bush from the Foreign Service. Within a few months after the start of the war Ranneberger sent a cable to Washington explaining that his approach for “achieving U.S. objectives in Kenya’s elections” was to stay quiet on the debates on constitutional reform and election reform and “build capital” with the incumbent. With the perturbation of the 2008 crisis and the intervention for constitutional reform up through 2010, this has remained the baseline beat of our relationship over the years.

    Will the recent moves by Kenya’s dominant new Jubilee Party to align with Communist Party of China structures and philosophy to accompany its huge borrowings from the Chinese State cause any serious rethink in Washington? I have no idea, but it certainly does not seem to have captured any particular place in the priorities of either the retired President Obama or current President Trump.

    Before Kenya’s vote, read Daniel Branch’s The Fire Next Time

    If you missed it, amid all the international media scene setters, and very last minute diplomatic appeals, take 9 minutes for “The Fire Next Time: Why memories of the 2007-08 post election violence remain alive.” from Daniel Branch in The Elephant.

    Much wisdom on why Kenya has remained stuck following “the debacle of 2007”.