“Livondo Tosha”? Akasha Brothers sentencing memo has “interesting” discussion about Stanley Livondo, Kibaki/PNU candidate to unseat Raila in Langata in ill-fated 2007 election

“Livondo Tosha”/”Make Peace” in Kibera, early 2008:

Kenya Kibera Post Election Violence Livondo Tosha Keep Peace

From the U.S. Attorney’s Memorandum to the U.S. District Court for the sentencing hearing for Baktash and Ibrahim Akasha, filed back on July 25. (Yesterday Baktash was sentenced to twenty five years, and The Star published a downloadable copy of the Memorandum. ) At page 23:

D. The Akashas’ Armed Confrontation with Stanley Livondo
Tensions escalated in the weeks after Ibrahim kidnapped Armstrong. Baktash began to receive threatening calls and text messages from a local politician associated with Armstrong— Stanley Livondo. Soon after, Livondo confronted Baktash at a shopping mall, and the two began to fight. Ibrahim intervened, drew his gun, and threatened to kill Livondo. The sight of Ibrahim’s gun caused panic in the shopping mall, and so Baktash, Ibrahim, Goswami, and Baktash’s bodyguard quickly fled. Before heading to the police station to ensure—with bribes—that there was no fallout from the incident, Baktash, Ibrahim, and Baktash’s bodyguard stashed their guns with Goswami. They retrieved the weapons later that day.

Armstrong as described in the Memorandum manufactured drugs in Congo and elsewhere and brought them into Kenya. He got into a relationship with the Akashas in this context from which he wanted out, leading to his kidnapping as discussed, and the threats to Baktash Akasha from Stanley Livondo.

Livondo was the candidate of Kibaki’s PNU in the December 2007 elections in Raila Odinga’s Langata Constituency who Amb. Ranneberger told me on December 15, 2007 “people were saying” might unseat Raila, which would disqualify Odinga for the presidency even if he beat Kibaki nationally in the presidential race.

See my discussion here from my post of July 2011, “Lessons from 2007 and new FOIA cables–Part Two”:

So on Saturday afternoon, December 15, 2007, I drove to the embassy residence in Muthaiga and was served tea . . .

. . . .

Ranneberger did let me know that he knew what Bellamy [his predecessor as U.S. Ambassador, Mark Bellamy] had been told as to why he had been dropped from the [International Republican Institute election observation] delegation.  In other words, he was letting me know, without taking responsibility for the situation himself, that he knew that “we” at IRI had lied to Bellamy.  This may not have put us in the best position to hold the “no more b.s.” line with Ranneberger going forward.   He didn’t say how he knew about the “story line” to Bellamy and I have no idea myself.  IRI was in a difficult situation not of our making on the Bellamy situation–would we cancel the Election Observation (as the only international NGO scheduled to observe, and raise lots of questions we couldn’t very well answer) or let the Ambassador interfere with the delegation? Regardless, once the directive from the top was given to lie to Bellamy about why he was off the list, IRI no longer had completely clean hands.

There are a variety of things from the more substantive part of the discussion that leave open questions in my mind now after what ultimately happened with the ECK and the election.  One in particular that stands out now in light of the FOIA disclosure.

The Ambassador told me that Saturday that “people are saying” that Raila Odinga, as the leading opposition candidate for president, ahead in the polls as the vote was nearing, might lose his own Langata parliamentary constituency (which under the existing system would disqualify him from becoming president even if he got the most votes nationally).  This was “out of the blue” for me because I certainly was not aware of anyone who thought that.  Odinga’s PNU opponent Stanley Livando had made a big splash and spent substantial money when he first announced, but he had not seemed to get obvious traction in the race.  Naturally, I wondered who the “people” Ranneberger was referring to were.  Ranneberger said that a Raila loss in Langata would be “explosive” and that he wanted to take Ms. Newman with him to observe voting there on election day.

Ranneberger also went on to say that he wanted to take Ms. Newman [lobbyist and former Asst. Sec. of State Constance Berry Newman, IRI’s lead delegate for our International Election Observation Mission at Ranneberger’s impetus, and his “great friend and mentor” and now lobbying associate at the firm Gainful Solutions] separately to meet with Kibaki’s State House advisor Stanley Murage on the day before the [Dec. 27] election with no explanation offered as to why.

After midnight Nairobi time I had a telephone call with the Africa director and the vice presidents in charge at IRI in Washington in the president’s absence.  I was given the option to “pull the plug” on the observation mission based on the concerns about Ranneberger’s approach following my meeting with him.   The Ambassador, rather than either IRI or USAID, had initiated the observation mission in the first place, and IRI was heavily occupied with other observations.  Nonetheless, based on assurances that Ms. Newman would be fully briefed on our agreement that she needed to steer clear of separate interaction with the Ambassador and that the Murage meeting must not happen, and my belief that it would be an “incident” in its own right to cancel the observation, we agreed to go forward with precautions.

I got the idea of commissioning a separate last-minute poll of the Langata parliamentary race.  I thought that the notion that Livondo might beat Raila in Langata seemed far fetched, but objective data from before the vote could prove important.  We hired the Steadman polling firm for this job, to spread the work.  Also Strategic was already heavily occupied with preparing for the exit poll, and  Steadman was the firm that Ranneberger had instructed his staff to call (too late as it happened) to quash the release of poll results that he knew  would show Raila leading back in October, so I thought that it was that much more likely that word would get back. Further, in the partisan sniping which I generally did not credit, Steadman was claimed by some in opposition to be more aligned with Kibaki so would be extra-credible to verify this race.  I also made sure that we scheduled an “oversample” for Langata for the national exit poll so that we would have a statistically valid measure of the actual election day results in the parliamentary race.

On to the new FOIA release:  On Tuesday, December 18, Ranneberger sent another cable to the Secretary of State entitled “Kenya Elections:  State of Play on Election”.  This cable says nothing about the “explosive” Langata parliamentary race issue that Ranneberger had raised with me on Saturday, three days earlier.  It concludes:  “Given the closeness of the election contest, the perceived legitimacy of the election outcome could determine whether the losing side accepts the results with minimal disturbances.  Our staff’s commendable response to the call for volunteers over the Christmas holiday allows us to deploy teams to all sections of the country, providing a representative view of the vote as a whole.  In addition, our decision to host the joint observation control room will provide much greater access to real-time information; allowing a more comprehensive analysis of the election process.”

Next, we have a cable from Christmas Eve, December 24, three days before the election.  The first thing that morning the IRI observation delegates were briefed on the election by a key Ranneberger aide.  I told him then that we had commissioned the separate Langata poll.  He said that the Ambassador would be very interested, and I agreed to bring results with me to the embassy residence that evening when the Ambassador hosted a reception for the delegation.  The results showed Odinga winning by more than two-to-one.

There are a number of noteworthy items that I will discuss later from this cable, but for today, let me note that  Ranneberger has added in this cable a discussion of the Langata race:

“11.  We have credible reports that some within the Kibaki camp could be trying to orchestrate a defeat of Odinga in his constituency of Langata, which includes the huge slum of Kibera.  This could involve some combination of causing disorder in order to disenfranchise some of his supporters and/or bringing in double-registered Kikuyu supporters of the PNU’s candidate from outside.  To be elected President a candidate must fulfill three conditions:  have a plurality of the popular vote; have at least 25 percent in 5 of the 8 provinces; and be an elected member of Parliament.  Thus, defeat of Odinga in his constituency is a tempting silver bullet.  The Ambassador, as well as the UK and German Ambassadors, will observe in the Langata constituency.  If Odinga were to lose Langata, Kibaki would become President if he has the next highest vote total and 25 percent in 5 provinces (both candidates will likely meet the 25 percent rule).

12.  The outside chance that widespread fraud in the election process could force us to call into question the result would be enormously damaging to U.S. interests.  We hold Kenya up as a democratic model not only for the continent, but for the developing world, and we have a vast partnership with this country on key issues ranging from efforts against HIV/AIDS, to collaboration on Somalia and Sudan, to priority anti-terrorism activities.

.  .  .

14.  As long as the electoral process is credible, the U.S.-Kenyan partnership will continue to grow and serve mutual interests regardless of who is elected.   While Kibaki has a proven track record with us, Odinga is also a friend of the U.S. . . .

15.  It is likely that the winner will schedule a quick inauguration (consistent with past practice) to bless the result and, potentially, to forestall any serious challenge to the results.  There is no credible mechanism to challenge the results, hence likely recourse to the streets if the result is questionable.  The courts are both inefficient and corrupt.  Pronouncements by the Chairman of the Electoral Commission and observers, particularly from the U.S., will therefore have be [sic] crucial in helping shape the judgment of the Kenyan people.  With an 87% approval rating in Kenya, our statements are closely watched and respected.  I feel that we are well -prepared to meet this large responsibility and, in the process, to advance U.S. interests.”  END

None of this material was mentioned in the briefing to the observation delegation or to me that day.  Long after the election, the Standard newspaper reported that the original plan of the Kibaki camp had been to rig the Langata parliamentary race, but at the last minute a switch was made to change the votes at the central tally, supposedly on the basis of the strength of early returns for Odinga in Western and Rift Valley provinces.

To be continued .  .  .  .

For my entire series of posts from 2011-2012 see my page “The Story of the 2007 Election Through FOIA“. And my summary story in The Elephant: “The Debacle of 2007: How Kenyan Politics Was Frozen and an Election Stolen With U.S. Connivance“.

Langata Ballot Specimens showing Kibaki versus Odinga for President and Livondo versus Odinga for Member of Parliament:

Follow-up: in which Amb. McCarter and I experience some downsides of “Twitter diplomacy”

In my last post, I explored the fact that Ambassador Kyle McCarter is the United States’ first Ambassador to Kenya to come from a background in elective politics. Because he had just done what seemed to be a well-received television interview I added in introductory material to the original draft to reflect that.

In the aftermath of following the interview with an invitation for questions on Twitter, the Ambassador got drawn into the Kenyan controversy about the Chinese-Kenyan Amu Power coal plant proposed for the Lamu area on the Coast. My sense is that he seemed to respond to a Kenyan political and legal controversy as a politician would in asserting his own opinion and judgment based on his own experience and positions–an easy thing to do on Twitter–in a quite different way than a diplomat would normally react.

In the context of following this discussion, I did a bit of quick updating on the internet of the status of the coal mining industry in Sen. McCarter’s former State Senate district in Illinois. By coincidence I spent some time visiting in the area as a young lawyer back in the 1990s and knew that at that time there was a perception of economic strain associated with a decline in local mining employment. After going through some history of mining, I found a recent article in a local newspaper about a young mayor of a town in the area responding to the economic circumstances by promoting solar energy in his immediate community. I shared the article with the Ambassador and a Kenyan leader on the citizen fight against corruption in the power generation and resale businesses in Kenya (as opposed to an anti-coal activist or someone otherwise involved in the Lamu case).

The Ambassador responded tartly that coal provided 95% of the power in his region in Illinois, he knew the mines and plants, and that coal was the cleanest and cheapest approach to needed power in the context of the highest environmental standards in the world. Further, he was not inclined to be persuaded by “well paid activists” and that “facts are stubborn things.”

This furthered an impression–hopefully not intended–that the Ambassador was weighing in on the Kenyan legal and policy controversy about the Chinese-Kenyan Amu Power deal.

The next day, the Kenyan court finally issued its ruling that the Amu permit for the Lamu plant had been improperly granted without a meaningful, legally adequate environmental review. From the outside, as a casual observer with a background in Kenyan policy making and the history of these large projects, along with awareness of the established record of corruption in the Kenyan power sector, this looked to me like a straightforward victory for the rule of law in Kenya. The sort of thing we say we want and that USAID and the State and Justice Departments and others have been spending our money on.

Likewise, this generated pushback form “Kenyans on Twitter” who felt patronized or insulted, as well as those who have a different view on “macro” issues relating to power generation and environmental issues than they interpreted the Ambassador to have Tweeted. As for me, I had just intended to share an interesting recent news article, without comment, and not to get under anyone’s skin, or debate the philosophy of coal economics in the global context.

Kenya Lama donkey and cannon on waterfront seawall on harbor

One thing is certain with active Twitter use: all of us who Tweet actively will “step in it” sometimes. The Ambassador well knows this because his ultimate voice vote confirmation in the Senate was held up for some months in apparent reaction to a few previous Tweets that generated push back and follow-up. The Ambassador is also representing the United States and has a professional communications staff of public servants to help him.

Is Washington finally losing patience with governance by UhuRuto? If so, what is seen as “the way forward”?

I touched a few bases while briefly in Washington recently. I was left with the impression of general “benign neglect” on Kenya, which would be expected given the overwhelming number of more immediate crisis situations around East Africa, such as the South Sudan “civil war/state failure” situation, escalating tensions between the Kagame and Museveni regimes, the uncontained Ebola crisis, etc. And always the war in Somalia.

Nonetheless, there are those who work or engage with Kenya more specifically on a less seasonal basis who will unavoidably have noticed how badly the Government of Kenya has been underperforming just as a factual matter regardless of the diplomatic angles of the day.

All this is to lay the groundwork for my great interest in a couple of news items today:

1). First was the report that Ambassador McCarter had said in Kisimu that the U.S. was putting on hold financing for the Bechtel Mombasa-Nairobi expressway due to concerns about corruption risk and debt levels escalating costs such that the intended value to the Kenyan people was not delivered. Here is the version from “Kenyans.co.ke” which has been running a bunch of pieces bringing up events from political inflection points from years past with no specific explanation of the timing, such as the piece I posted about last week taken off from my June 2017 piece in The Elephant on “The Debacle of 2007: How Kenyan Politics was Frozen and a Election Stolen with U.S. Connivance“.

As a private American “friend of Kenya” and taxpayer I am quite gratified by this willingness to change policy to address current “facts on the ground” and to actually “walk the talk” on “anti-corruption” even if it involves possibly giving up a big subsidized project for a very big well-connected private business owned by a group of Americans.

I have been concerned about this project for the reasons identified by the Ambassador but have not wanted to say much without being close enough to have details and not wanting to be seen as an inveterate naysayer or unduly skeptical about things where I am not that well informed.

Maybe Ambassador McCarter can end up being a “breath of fresh air” and is actually serious in his talk of zero tolerance for corruption in a way that would be different from the ordinary diplomacy where we run hot-and-cold at best. If no one explained to him as a political appointee from outside Washington that “zero” among diplomats ends up as shorthand for a wide range of dollar values in varying circumstances explained in the addendums and codicils, as opposed to just “zero” as it might mean to a businessman in downstate Illinois, then maybe Kenyan cartel leaders need to be worried a bit after all?

And if people in Washington have their hands full or are not focused on the immediate situation in Kenya, and with what we read about how national security policy management is working in Washington these days, it may well be that McCarter has that much greater practical latitude “on the ground”? Likewise, usually an Ambassador in Kenya will have the potential distraction of career considerations not dissimilar to people working in the government in Washington; this would not seem to be a challenge for McCarter. (And maybe he isn’t looking to be a lobbyist for a neighboring warlord in a black hat, and an oil and gas consultant and an investor-broker in USAID-funded health business, for instance.)

There are obvious sociocultural and political barriers to how McCarter will be perceived in Washington and among Americans who typically engage with foreign policy on Kenya or are “Kenyanists” or “Africanists” with focus on Kenya, but open minds are warranted. And maybe that works both directions.

Part of what is so striking here is how much Uhuru Kenyatta has in the past seemed to be arguably “Donald Trump’s signature African leader”–not so much that they are seen to really know each other or have some personal rapport, but rather that in the face of general lack of signs of personal interest in Africa from Trump we still have Uhuru at least included in meetings and doing photo ops with Trump in Europe, Canada and Washington, if not yet Mar-a-Lago, during the first two years of the Administration. Even though he was such a favorite of some in the Bush-Obama years.

So surely putting the Bechtel deal on hold suggests that there is finally heightened willingness to openly acknowledge that governance is simply not now what it was cracked up to be from our previous public diplomacy in recent years.

2) Next is Macharia Gaitho in the Daily Nation publishing today’s column: “Either rebels in Jubilee ranks join opposition, or Uhuru steps down” calling out Jubilee’s divide:

The politicians who contrive to insert his name [Deputy President Ruto’s] into every issue do the DP no favours at all. It does not help his image or his 2022 presidential election prospects when his name is used to fly cover for disreputable leaders caught on the wrong side of the law.

. . . .

As an elected member in his own right, a Majority Leader [Sen. Kipchumba Murkomen] does owe a duty to his constituents. Where conflicted, however, he could consult internally within the government and party organs.If his concerns are not adequately addressed, then the honourable thing would be to relinquish the Majority Leader role so that he can, in good conscience, speak out for his people both inside and outside Parliament.

As it is, what we are seeing from Mr Murkomen’s now frequent outbursts are the hallmark of rebellion. This is rebellion not from one disaffected individual, but a powerful Ruto faction in Jubilee that is unhappy with the path pursued by President Kenyatta.

Jubilee cannot govern effectively when it has such a powerful opposition within; hence the rudderless, dysfunctional government seemingly sabotaging its own efforts.

This is not a healthy situation. Maybe, it would be best for Mr Ruto and his cohorts to resign and go officially into opposition or for President Kenyatta to throw up his hands in surrender and leave the burden of leadership to those more able.

Now I don’t know and haven’t asked, but there have been recent times when Gaitho has seemed to be carrying a message, such as the time when he explained that Raila’s fellowship at Yale was intended to be a perk to ease into a honorable retirement, not a springboard to run yet again in 2017. Different Kenyan columnists are in this role at different times it has seemed over the years. See “Six years an Ambassador: Godec’s Kenya valedictory with Macharia Gaitho”.

This background made me figuratively “perk up my ears” when I read the Gaitho blast after the news on the Bechtel expressway deal.

As a practical matter, there are certain ironies any time it is suggested that “regular order” of some type is suddenly warranted in Kenyan politics. Uhuru Kenyatta himself as KANU leader and Leader of the Opposition in 2007, crossed the aisle to support “Kibaki Tena” without resigning, when party godfather, retired President Moi who picked Uhuru from relative obscurity to nominate as his successor in 2002, realigned his fortunes, so to speak, to be with Kibaki while being appointed as Kibaki’s diplomatic representative for Southern Sudan. So I think Ruto might scoff at Gaithos’s advice now, and I doubt Uhuru’s mother would be good with him resigning at this point with all the family has going on at stake. Too much water under the bridge for too many years to expect anyone “in government” to go formally into “opposition” voluntarily–reform can happen but not nearly so easily or cheaply.

A necessary and complimentary read is the latest from Rasna Warah in the East African Review with what needed to be said on the most egregious act of contempt toward what we used to call “the reform agenda”: “In whose interest? Reflecting on the High Court judgment against John Githongo?”

Kenya 2007 election Kibaki Tena Kazi iendelee re-election

South Sudan: new Salva Kiir—Rannenberger Foreign Agent filing shows $1.2M non-refundable retainer “already paid” and $3.7M flat fee (contra Reuters)

  1. COMPENSATION

6. The Consultant will charge the Client a flat fee of $3.7 million dollars for the services (the “Compensation”) for this two-year Contract.

7. The parties acknowledge that $1.2 million dollar’s of the Compensation has already been paid to the Consultant as ofthe date hereof, as a non-refundable retainer. The Consultant will invoice Client quarterly for amounts due.

Here is the May 7 filing with the Justice Department, by Gainful Solutions with a new “Exhibit AB” which includes both a letter purportedly canceling the April agreement, dated May 2, and the substitute agreement dated May 5.

The widely-reprinted Reuters story from my update to my previous post indicated that the new agreement did not mention compensation.

On May 2 Gainful Solutions filed a “Short Form” Foreign Agent registration act for Ambassador Timothy Towell as an additional lobbyist and business agent with the title of “consultant” at compensation “to be determined” to go with the previous filings for Ranneberger, Soheil Nazari-Kangarlou and Constance Berry Newman.

Note: The Justice Department has these filings incorrectly posted on its FARA.gov database under “Sudan” instead of “The Republic of South Sudan”.

Update: Politico reported on the contract change here in their “Influencers” newsletter, noting the compensation and identifying dropping reference to the hybrid court as the main change.

And read: “EDITORIAL: Cry havoc, and let slip the U.S. ex-diplomats” in The East African.

Amb. To Kenya Michael Ranneberger with late Kenyan diplomat Bethuel Kiplagat, defending Kiplagat’s controversial appointment by President Kibaki to head Kenyan TJRC

Battle over Kenyan election corruption has commenced with vote in Parliament to ban the French vendor OT-Morpho/IDEMIA

IDEMIA f/k/a OT-Morpho before a name change (and previously Safran Morpho before the French defense conglomerate sold this division to the French technology group Oburthur Technologies in a transaction closed shortly before August 2017 Kenyan election) has been a fixture of the past two Kenyan elections.

I have written about issues involving these procurements numerous times over the years and am continuing my engagement with the USAID Freedom Of Information office in their review and processing of public information from USAID support to the Kenyan IEBC in the 2013 election, from my request in 2015. (So far they have processed and released or withheld about half of the records sent from Nairobi to Washington by early 2016. They continue to assure me that they are working away at this.)

See: Kenya Election FOIA news: [heavily redacted] Election Assistance agreement shows U.S. paid for failed Results Transmission system.

Election Assistance FOIA update: disappointed to see from USAID records that IFES was supporting Kenya IEBC/Kenyatta-Ruto defense of 2013 election petition by civil society and opposition.

Nigeria example shows why U.S. and other donors should act now on election technology procurement fraud.

USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers

Last July IDEMIA dismissed without explanation a defamation suit it had filed against Raila Odinga and other NASA coalition leaders in April 2018 shortly after Raila’s “handshake” with Uhuru ended high level political contention over problematic KIEMS system IDEMIA had sold the IEBC in March 2017. The court records I reviewed indicted a unilateral dismissal rather than a settlement.

The judgment of the Supreme Court in the 2013 election petitions of AfriCOG and the opposition found that there was evidence of procurement fraud with the failed technology acquisitions, and ordered an investigation, but the IEBC, Kenyan prosecutors and donors all failed on that account. OT-Morpho, n/k/a IDEMIA once again was chosen in an opaque and controversial procurement process for the bigger 2017 “integrated” system. (I was told by the USAID press office that USAID did not finance the KIEMS purchase for the IEBC for 2017.)

But finally today, reports the Daily Nation, “For credible elections, MPs vote to block Huduma Namba firm“:

Members of the National Assembly voted on Wednesday to block technology firm IDEMIA Securities from doing business in Kenya for at least 10 years, citing violation of the Companies Act.

The move complicates the ongoing Huduma Namba registration, as the contract was awarded to the French firm at Sh6 billion.

. . . .

The MPs amended the report of the House Committee on Public Accounts on the audited accounts of the Independent Electoral and Boundaries Commission (IEBC), to have the technology firm held accountable for irregular payments it received during the 2017 general elections.

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.

Foreign Policy article gives insight on disagreements within Trump administration on backing off on criticism of flawed DRC vote

Foreign Policy has published a piece reporting significant internal dissent from the reversal of the U.S. position from significantly negative to largely positive on the recent DRC election:

. . . .

In a series of preliminary statements crafted by the team and released by the State Department on Jan. 3, 10, and 16—before confirmation of the final results—the United States sharply condemned reports of election-related interference and violence. The Jan. 3 statement included a threat that people involved “may find themselves not welcome in the United States and cut off from the U.S. financial system.”

With the Constitutional Court’s decision to confirm the election later in the month and with news of widespread election fraud, the group drafted a new U.S. response on Jan. 23. It noted the election results rather than welcoming them—a diplomatic way of signaling displeasure—and condemned the “deeply flawed and troubling” election, according to a draft reviewed by FP. It also stated that Congo’s electoral commission “failed to live up to the responsibility” it had to carry out elections fairly and ivowed that the United States would “hold accountable” any figures engaged in election fixing or violent crackdowns on any ensuing protests.

But none of this language made it into the final statement. Instead, Washington welcomed the results and declared itself committed to working with Tshisekedi. The revised statement made only passing mention to “electoral irregularities.”

Michael Hammer, the U.S. ambassador to Congo, along with Michael McKinley, a senior career diplomat advising Secretary of State Mike Pompeo, pushed for the revised statement, according to three U.S. officials. The department’s third-ranking official, David Hale, ultimately signed off on it, the officials said.

Senior U.S. officials in other agencies and some State Department officials—including the special envoy for the region, Pham—were kept out of the final decision entirely and did not know that a shift in policy was in the works, officials told FP. They said some officials found out about the shift in policy only once the statement came out. It left some of them fuming.

“If we said we’ll hold the government accountable … and five days later we congratulate a bunch of thieves, what good are our threats?” one senior U.S. official said.

One former State Department official familiar with the process said the implications went beyond Congo. “It was just a stupid decision to release that statement, a statement that has much bigger bearing on U.S. government democracy promotion in Africa,” the former official said.

The State Department, USAID, and NSC all declined to comment for this story. A State Department spokesperson also did not respond to a request to interview the senior diplomats who FP was told were involved in the process. . . . .

This is the kind of thing I always had hoped to see about Kenya 2007 where the U.S. initially relied on what my FOIA research indicates was a pre-determined blessing of Kibaki’s alleged re-election even after Ambassador Ranneberger witnessed vote totals being changed by the Kibaki-controlled Electoral Commission of Kenya and reported some pre-knowledge of unlawful rigging plans and conduct. In the face of violence the initial congratulations were withdrawn and the State Department pivoted to support a negotiation to include the opposition in a sharing of power with Kibaki. I know that there were differing internal opinions but I have never seen this level of public reporting on the internal debate.

Some of this may reflect differences in the internal environment and reporters’ expectations and aspirations during the Bush and Trump administrations as well as “the times” more generally. Regardless, I am glad to know more about how my government made this decision and encouraged that the problems with the positive statement final statement on the were recognized by some of those involved.

On the Congressional side, here is the January 18 Statement from the incoming Republican Ranking Member on the Foreign Affairs Committee:

Washington D.C. – House Foreign Affairs Committee lead Republican Michael McCaul (R-TX) released the following statement on the fraudulent election in the Democratic Republic of Congo (DRC).

“After eighteen years of the Kabila regime, the Democratic Republic of the Congo had a historic opportunity to give its people a voice by holding free and fair elections. Millions of Congolese bravely went to the polls to cast their vote amid long lines, intimidation and violence. Unfortunately, the fraudulent vote count does not demonstrate the will of the people. 

“I commend the African Union’s call for transparency and credible election results. All parties must refrain from violence as this process continues. It’s imperative for the United States and the rest of the world to stand with the Congolese people to demand an accurate vote tally and I urge Secretary Pompeo to fully engage at this pivotal moment. All individuals who impede this democratic process must be held accountable.”

I would also like to know more about slightly more gradual process of walking back the substance of our objections to Kabila’s 2011 re-election vote during the Obama administration.

Lake Edward into Congo

 

 

In Sudan, is the International Criminal Court an impediment to progress toward democracy and/or human rights now?

I am no expert on Sudan and the International Criminal Court practice, such as it is, is not my field in law.

But I am an observer of various related neighborhoods and did a bit of work in Sudan back in 2007-08. Also, over the years I have never quite seen answers develop to some of the conceptual uncertainties I looked at about the idea of an international criminal court while in law school. And, of course, there is my experience with the multifaceted failure of the ICC’s attempt to prosecute a few symbolic “most responsible” members of Kenya’s political elite for the instrumental murder and mayhem that was part of the competition for power in Kenya in December 2007-February 2008.

Thus, some questions:

1) Does the ICC indictment against Bashir hinder the prospects for Sudanese to get Bashir out of power through popular protest?

2) Are we all agreed that the ICC is not ready to prosecute a case against Bashir even though the facts of the case are many years old and the charges themselves have been pending for almost ten years? If so, is this not hugely important to weighing the practical value of the Bashir case to the Sudanese people today?

You can watch the discussion from a March 2009 event from the Overseas Development Institute and the Royal African Society on the ICC’s decision here.

3) How many Member States have declined to act on the Bashir warrant when he was in their jurisdiction? How many have attempted to act? How many Member States have honored the spirit of the case against Bashir during its pendency?

4) What diplomatic efforts have the Prosecutors been making during the pendency of the Bashir case? Is diplomacy by a Prosecutor a form of informal pleas bargaining? Is it really the case that the ICC cannot plea bargain? Is it in the larger interests of justice for a jurisdiction to have a prosecuting authority that cannot plea bargain? What about pardon authority?

5) What are the lessons from the failed cases against Uhuru Kenyatta and William Ruto? And more broadly from the overall success of the perpetrators of political violence in Kenya in avoiding prosecution, avoiding other penalties or sanctions, keeping the political gains achieved through violence and obtaining further support from Member State governments and other governments which notionally supported accountability?

I recognize that this is a very tough time for human rights and humanitarianism as reflected in this post on counter-humanitarianism, 2019’s biggest challenge: the humanitarian sell-out” from Christina Bennett at the Overseas Development Institute. All the more reason those of us who care about people in the hands of angry rulers need to ask ourselves the hard questions.

Update: The International Crisis Group has a new report out titled “Prospects for a peaceful transition in Sudan improving” (h/t The Official blog of David Shinn) which notes the ICC issue and discusses the idea of bargaining through the UN Security Council’s deferral process:

The UN Security Council might also offer to request the ICC defer investigation or prosecution of Bashir’s case for one year, pursuant to the Rome Statute’s Article 16, were he to resign or to leave office in 2020; the deferral could be extended provided Bashir stayed out of – and did not interfere in any way with – Sudanese politics. The downsides to deferring his case would be enormous, but without a pledge along these lines, Bashir is unlikely to step down.

One problem with this is that 3 of the Permanent Members of the Security Council are Non-Members of the ICC. China and Russia are hardly advocates of human rights, rule of law or democracy and the present United States administration expresses opposition to the existence of the ICC as such, escalating the complications associated with U.S. diplomacy involving ICC cases. What are the interests of the CCP here? Reports indicate that the Bashir regime has brought in Russian “Wagner Group” mercenaries.

Of course in the Kenyan cases, unsuccessfully pursuing a Security Council deferral was the major diplomatic priority for Kenya’s Government for a period of years, as well as attacks on the Court though the African Union, IGAD and whatever other fora could be found. The diplomacy failed, but the Prosecution failed anyway, with loss of life and other large costs left to the witnesses and victims.

Update Jan 16: World Politcs Review has a new piece from Richard Downey of CSIS.

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

Happy 2019!

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.

(Updated) Tea Leaves and Poker Hands: Bolton at Heritage on Africa

In a relatively short speech Thursday morning at Washington’s Heritage Foundation, President Trump’s current National Security Advisor John Bolton was said to announce the administration’s “new Africa policy”. Amb. Bolton stuck out during the George W. Bush Administration as both an aggressive hardliner by reputation on policy and as willing to fight hard within the bureaucracy. So no surprise that Bolton says we are not going to let the spigot run on aid projects or peacekeeping missions that are not “winning”, and will target programs more strategically to better match quids and pros, and such.

Overall, Bolton calls the policy “Prosper Africa”. He emphasizes concerns about the perceived unhealthy influence of China and Russia in Africa and frames U.S. interests as focused on competition among external powers. We want Africa to “prosper” through a growing middle class and business deals creating jobs and other benefits in both the U.S. and partner countries and in so doing to strengthen our influence and reduce that of our competitors. We intend to (continue to) play favorites, but in a more explicit and direct way, emphasizing “anchor” governments like Kenya (still our sentimental favorite African country) rather than focusing directly on poverty alleviation or “Sustainable Development Goals” as a global construct.

It seems to have raised eyebrows that Bolton did not mention PEPFAR and democracy and elections among other categories of assistance that we have emphasized both with rhetoric and dollars under Trump’s most recent predecessors. Contra some initial reactions, I anticipate that any major expenditure of political capital by the Administration with Congress to engineer large cuts to popular existing programs is not in the offing.

In fact, when the White House issued a press release “fact sheet” later in the afternoon reporting that it “was issuing” President Trump’s “new Africa policy” it explicitly mentioned “democracy” twice and otherwise sanded down Bolton’s sharper edges. Democracy, especially, as well as our health programs, are a comparative advantage for the United States vis-a-vis the PRC if we want to re-frame our rationale more explicitly in terms of traditional geopolitical competition.

The origins of U.S. development assistance philosophy come from offering a competing model to communism, especially following World War II and to some extent even earlier. Likewise U.S. overt explicit democracy assistance programs were established during the Reagan Administration. So talking more openly and frankly about our concerns about China’s role in Africa in the context of a recalibrated overall relationship that accounts for the Chinese Communist Party’s changes under Xi does not at all have to lead to a retreat from development or democracy assistance.

What plays out over the next two years from any of this remains to be seen.

Instructive are today’s two votes in the Republican led Senate approving resolutions calling for an end to support for Saudi Arabian war efforts in Yemen and condemning the role of the Crown Prince in the murder of American resident Jamal Khashoggi. The peak of unilateral latitude for the Trump Administration has already passed, even before the new Democratic controlled House is seated in the new Congress in January.

Testimony before the U.S. Senate Armed Services Committee, Subcommittee on Emerging Threats, by Judd Devermont, now Africa Diector at venerable Center for Strategic and International Studies, and recently national intelligence officer for Africa, gives a fuller and more nuanced picture of the range of Chinese involvement in Africa. Not all of it is necessarily contradictory to our immediate interests or longer term hopes, even though there are important concerns.

From my personal standpoint, I am still struck by the fact that according to what I read in the newspapers, combined with a letter from Washington, the Chinese hacked my security clearance file–and that of nearly every other clearance holder–from the Office of Personnel Management in Washington during the last Administration. (I also read they “wired” the African Union headquarters, among many other examples.) As for the Russians, they were screwing around in our own Republican Party and to some extent with our general election campaign.

Thus, we most need to be competent, purposeful and mature in conducting our own business in an environment which can be expected to punish complacency. Get through this temporary period of governance by Tweet and tabloid huckster hush money and get our own democracy back on a more even keel. Then we can more effectively deepen our relationships among African countries and with African citizens for the long run. In the meantime, I hope and expect that we will continue most of the incrementally helpful things we have been doing in Africa and not rock the boat too dramatically.

In the meantime, worth noting, for instance, is the presence of Somaliland’s Foreign Minister at Bolton’s speech.

What to make of the policy being announced by Bolton at Heritage instead of by the Secretary of State in an official or semi-official venue? Probably the same reason there are not details and documents: a point of the event is to stamp Bolton’s ideological role within the Administration, the Republican Party, and “The Movement” (big “C” Conservatism with American characteristics is how I might describe it). This is “framing” and “vision” with various audiences rather than actual “policy” as such.

It takes cognizance especially of the geopolitical struggle most compelling on a day-to-day basis in the White House: “red” versus “blue” in the rest of the United States. Thus the focus on competition with “Obama” as a symbol of “blue” who did not announce his “new Africa policy” until nearly the end of his first term. Bolton is a guy with seven pictures of himself on his Twitter profile who tried to mount his own run for President: he obviously enjoys the spotlight and enjoys being a lightening rod for the arena. More substantively, it announces the drawing of a line of demarcation against the perceived “feckless liberalism” of Obama and the perceived namby-pamby do-gooder “compassionate conservatism” that sometimes fuzzed the focus of G.W. Bush in Africa. “Africa” is to be normalized as a geographic space.

Realism of course tells us that the Americans who will make the day to day decisions that actually determine our role in the various African countries do not report to Bolton and that any deep reorientation of policy will require more time and attention than Trump and his cabinet as a whole likely have left in this term. This could tell us much more about what to expect if Trump were re-elected or if the next Administration involved a similar role for Bolton and like-minded officials.

Realism also notes the Administration lost votes on two foreign policy resolutions in the Senate between Bolton’s speech and the White House press release.