What Will Jendayi Do? Reading “tea leaves” on Kenya’s next presidential race (revised)

[This post is revised to reflect a correction and revision from the East African.]

The East African made an editorial slap at Michael Ranneberger and Jendayi Frazer in its “Cry havoc, and let slip the U.S. ex-diplomats” last Saturday to which I added a link in my last post regarding ex-Ambassador Michael Ranneberger’s deal with Salva Kiir:

Michael Ranneberger, whose controversial tenure as United States ambassador to Kenya is well remembered, is the managing partner at Gainful Solutions.

Comparing his posture back then, his flip from the high priest of justice and human rights, to the devil’s advocate cannot escape attention.

Former assistant secretary for African affairs Jendayi Frazer, is another US top gun diplomat who is well known for her consultancy services across East and Central Africa since leaving US government service.

At issue here is whether American diplomacy, as represented by Frazer and Ranneberger, subscribes to any universal values at all. It is obvious that the duo are exploiting the networks made during their career, to make hay today.

In an ideal world, the stakes in South Sudan are so high, that they should be adequate incentive for anybody to think beyond the short-term gains an individual could make out of the situation.

Ultimately, however, external interference cannot be discussed without examining the role of the African politician who has been a willing accomplice by shunting aside the national interest in favour of self-preservation. [this is EA revised text]

Dr. Frazer usually makes appearance in the media in Nairobi for business dealings related to the Jubilee Administration, along with one appearance a few months ago meeting with controversial Mombasa Governor Joho identified as a discussion on “countering violent extremism” on a MasterCard Foundation trip.

REVISION NOTE:

[(East African) EDITOR’S NOTE: This article has been corrected to remove the association earlier made between big infrastructure projects in Uganda and Ms Jendayi Frazer. Ms Frazer has not been involved in any infrastructure deals in Uganda and her name was inadvertently mentioned in that segment of the leader. We regret the error.]

See also.

Editorial criticism of Ranneberger and Frazer of this type is not the East African’s usual approach, as reflected in the defection of many of their Nation Media Group opinion columnists to The Elephant’s East African Review, as well as to The Standard, in the wake of the handling of coverage of the Uhuruto re-election fiasco in 2017-18 and Jubilee crackdowns on the media. Some years ago the East African passed up a friend’s offer to put together my experience and investigation from this blog on how Ranneberger and to some extent Frazer played the 2007 Kenyan election while they were in the State Department from my “War for History” series.

So kudos to the East African now for calling this issue out editorially, even if the news departments have not been covering these developments in the past. Maybe that can change.

One of my questions in looking at the current Kenyan presidential race has been how Dr. Frazer will play it, especially given that there is no way to know now who will be in power then in Washington. Assuming that the current “handshake” holds and that Frazer’s first relationship is with the Kenyattas, would she affirmatively step up for Raila in the face of a serious challenge from Ruto in a competitive “two-horse” presidential race? Or would she approach this differently? (She was firm in her position that what was done in the Rift Valley in the wake of the 2007 election fraud was “ethnic cleansing” even though “Main State” would not adopt her terminology, so it would arguably seem pretty awkward for her to support Ruto, wholly aside from the current corruption situation with Ruto). She was vital to the Uhuruto ticket in the 2013 race and to its perception and reception in Washington in the Obama years thereafter to my way of thinking. Getting called out publicly in the East African and not just having dealings with Uhuru and Kagame is a wild card.

When The Star had me write some columns in the spring of 2013, they headlined the one dated March 23 challenging Dr. Frazer’s support of the Uhuruto defense in the Supreme Court of the IEBC’s questionable numbers to avoid a runoff after “failure” of the Results Transmission System in the election petition by civil society and the opposition as “Jendayi Frazer lacks moral authority“. Read the whole piece if you are interested in Kenyan elections or U.S. democracy assistance, but I concluded:

The thing that is most striking to me about this now, in light of the current litigation about the manual vote tally by the IEBC in this election, is that Jendayi Frazer was the head of the Africa Bureau at the State Department during 2007-08 when the previous Exit Poll was withheld and the misleading “press guidance” put out [by the Africa Bureau as I had just learned from FOIA]. Today, as a private citizen, Dr. Frazer is aggressively arguing in the Kenyan press and in the press back in Washington to once again uphold the disputed work of the Kenyan election officials against the concerns raised by the opposition. I cannot justify how this was handled when she was in charge in 2007 and 2008.

When I had the opportunity to meet Dr. Frazer the first time later I did apologize to the extent of noting that the phrasing of the headline itself was not something that I myself would personally have written, although I stand by the content of what I did write. When I published “The Debacle of 2007: How Kenyan Politics Was Frozen and an Election Stolen with U.S. Connivance(again, the headline is not mine) in The Elephant in June 2017, I focused primarily on my direct dealings with Ranneberger. Frazer’s exact role as his superior and the intentions of any formal policy beyond the law as such have never been made fully clear. Ranneberger’s cables as provided under FOIA from before and immediately after the election leave gaps and questions as to what was reported to Washington before Frazer and later Rice were dispatched to Nairobi starting several days after the vote during the post-election violence (although it would be unfair to Ranneberger to make assumptions from that circumstance alone, and various facts were misrepresented in Washington after the vote regardless.)

More broadly, I have agreed with some of Dr. Frazer’s many policy approaches and disagreed with some. What I would think about her personal integrity regarding the 2007 election would depend on whether she was acting per instructions of policy or making it herself. In 2013, I did not appreciate her public role and have not qualified my reaction based on anything I seen since.

At the same time, Frazer seems to have been a primary architect of some policy approaches in Africa that were quite positive and that left the U.S. in better stead in the G.W. Bush years in Africa than elsewhere, in spite of conspicuous controversy regarding Somalia. Arguably with PEPFAR and other initiatives there was some actual “compassionate conservatism” undertaken in SubSaharan Africa even as the anti-compassionate forces reflecting the Vice President’s approach changed the direction of the Bush Administration foreign policy elsewhere in the wake of 9-11. Post-Bush Administration she is relatively ubiquitous in elite U.S. institutions associated with Africa, especially as an African-American as well as her various “Afrocapitalism” engagements. So in that regard she earned respect and a willingness on my part not to assume the worst even if there are some things that look bad.

Ultimately, in spite of the fact that she tends to be quite assertive in her positions, I find her to be a bit of an enigma really. Regardless, anyone as involved in as many things in as many places as she is is going to be wrong some of the time. As a diplomat that involvement may not always be optional absent resigning, but it is a choice for a private citizen.

“Freedom Under Threat”: New report on the spread of laws restricting NGOs in Africa from Freedom House

The new report “Freedom Under Threat: the Spread of Anti-NGO Measures in Africa was released today. It provides a valuable review of recent developments in counter-democracy push back from governments in power in numerous countries.

In Kenya, here is a good, straightforward recitation of the approach taken after the “UhuRuto” election of 2013 with a Jubilee Party platform calling for a crackdown on independent NGOs said to be modeled after post 2005 repressive measures established by the Meles Zenawi government in Ethiopia (see “Attacks on Kenyan civil society prefigured in Jubilee ‘manifesto’“) and the legal “pitched battle” since:

In Kenya, meanwhile, the new government elected in 2013 made six successive attempts to modify the PBO Act—a progressive law passed by Parliament and signed by the outgoing president just months prior to the elections.49 All of the attempts were loudly opposed by NGOs and the political opposition, and the High Court ordered the government on October 31, 2016, to publish the original PBO Act in the official gazette to bring it into operation.50 The government refused to comply, prompting NGOs to request that two cabinet secretaries—overseeing the Ministry of Devolution and Planning and the Ministry of Interior and Coordination of National Government—be held in contempt of court.51 The court ruled in the NGOs’ favor on May 12, 2017. Rather than implement the court order, however, the government continues to apply the outdated NGO Act of 1990, and it is unclear how the situation will be resolved. The broad-based Civil Society Reference Group, an alliance of over 1,500 leaders of national and international NGOs that ran a multiyear campaign for the adoption of the PBO Act,52 continues to insist on its implementation. Indeed, Kenya represents an interesting case study of the pitched battles that have characterized the struggle between governments on the continent that seek to narrow democratic space on the one hand and civil society sectors that seek to preserve democratic gains on the other.

The moves by African rulers appear related to or inspired by authoritarian trends elsewhere:

Although no attempt is made in this report to analyze laws outside Africa, there are parallels between anti-NGO measures adopted across the continent since 2006 and those adopted in Russia and China—two influential global actors that have forged close ties with African governments. Sudan’s anti-NGO law coincided with the first of several Russian laws,6 closely followed by Rwanda’s measure in 2008. Russia’s second wave of legal restrictions coincided with those of several African countries—notably Ethiopia, Zambia, and Mozambique—while China’s 2016 and 2018 regulations came alongside measures by several other African governments surveyed in this report. It is difficult to establish specific links between the African laws and those adopted by the two global powers, but the close relationships built in Africa since 2000—particularly by China—support a modeling hypothesis.

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.

Ten years into the major multinational counter piracy missions off the Horn of Africa, are China and India paying their fair share?

Operation Atalanta of the European Union (EUNAVFOR) commenced in December 2008 and was joined by the Combined Maritime Forces (CMF) Combined Task Force for counter piracy force (CTF-151) in 2009.

The Combined Maritime Forces are a multinational security venture based in Bahrain, with U.S. and U.K. top command.

  • 33 member nations: Australia, Bahrain, Belgium, Brazil, Canada, Denmark, France, Germany, Greece, Iraq, Italy, Japan, Jordan, Republic of Korea, Kuwait, Malaysia, The Netherlands,  New Zealand, Norway, Pakistan, The Philippines, Portugal, Qatar, Saudi Arabia, Seychelles, Singapore, Spain, Thailand, Turkey, UAE, United Kingdom, United States and Yemen.

China and India do send ships independently to cooperate in the CTF-151 mission. But given the volume of Chinese and Indian trade and shipping at this point, are they bearing their fair share of the cost?

Piracy has been radically reduced in recent years off Somalia and in the bab-el-Mandeb, Gulf of Aden region patrolled by CTF-151.

For the United States to solve the “free rider” problem for trade competitors, especially the PRC, the best approach it seems to me is to increase our own trade and investment in East Africa, as well as globally where we have facilitated the rise of the PRC as a trading power through free global maritime security, direct and indirect foreign investment, lax cybersecurity and intellectual property protections, etc.

While it has been our policy since my childhood to facilitate the rise of China, although under slightly varying rationales at different times over the years, President Trump has sometimes, along with a few of his advisors, expressed a desire to change this policy and our formal National Security Policy calls for recognition of “great power competition” as the superseding longterm priority to the ongoing war with al-Queda and progeny or similar groups.

National Security Advisor Bolton announced a “New Africa Policy” suggesting some rethinking back in December, but it seems to have been largely overcome by events since then. Bolton’s “back to the 80’s” focus on Cuba and Nicaragua to add to the standoff involving Venezuela, along with primary redirection of focus to the permanent “shadow war” with Iran, takes bandwidth, already constrained, away from African issues. Meanwhile rapidly unfolding events in Sudan, Algeria, Libya and Egypt at a time of increased uncertainty in much of Central Africa with limited clear U.S. engagement suggest that we are very much in flux about whether we are serious about recalibrating our overall reticence to compete in Africa.

Powerful forces of bureaucratic inertia and domestic American politics suggest that we are likely to continue deficit spending to help secure Chinese trade with Africa without get much further toward making it pay for itself at least through the 2020 election.

As of 2017, US exports to Sub-Saharan Africa were $ 11.7B., or somewhat less than the cost of an aircraft carrier or two amphibious assault carriers, with a trade deficit of $3B. Chinese exports were $37.4B with imports of $18.5B. (India had exports of $13.1B and imports of $19.7B.) The Chinese trade surplus with Sub-Saharan Africa approximately equals the annual U.S. Navy Shipbuilding and Conversion budget.

East Africa is the pits for press freedom, but congratulations to Namibia, Ghana and South Africa for outranking France, the U.K. and the U.S. in the World Press Freedom index

Here is the new 2019 World Press Freedom index from RSF, with the United States down to No. 48 (!) and France and the U.K. at 32 and 33 respectively. Namibia at 23, Ghana at 27 and South Africa at 31 lead SubSaharan Africa. Burkina Faso at 36 and Botswana at 44 also outrank the United States.

Thus, five African nations are ranked above the United States for press freedom this year according to Reporters Without Borders. The United States continues to rank above all of the East African nations.

Here are the East African Community member rankings:

Kenya 100

Tanzania 118

Uganda 125

South Sudan 139

Rwanda 155

Burundi 159

Elsewhere in the East and Horn Region: Ethiopia 110; Somalia 164; Djibouti 173; Sudan 175.

And other “development partners”: Norway 1; Germany 13; Japan 67; UAE 133; Russia 149; Egypt 163; Iran 170; Saudi Arabia 172; North Korea 179

Could “corruption” play the role in Kenya’s 2022 election that “crimes against humanity” played in 2013?

Instead of “the coalition of the killing” a “coalition of the stealing”?

Let us review the 2013 campaign, the next presidential election campaign after Mwai Kibaki and Raila Odinga shook hands on February 28, 2008 to end the 2007 election crisis and the related violence.

In the later part of the lead up to that 2013 “open” presidential campaign, with Mwai Kibaki completing has second and final term, the political dynamics of how to treat the 2007-08 murder and mayhem of the Post Election Violence were dramatically turned.

The 2007-08 election fraud and Post Election Violence had triggered from the February 28 “peace agreement” the compilation of a coalition administration for Kibaki’s second term (the so-called “Government of National Unity”) with Raila Odinga getting a temporary Prime Minister post with a contested but limited role, and Musalia Mudavidi and Uhuru Kenyatta representing the ruling PNU and opposition ODM parties as Deputy PMs. William Ruto, the Kalenjin member of the ODM “Pentagon” got the Agriculture Ministry, an important post for his Rift Vally region.

The 2007-08 debacle also generated on the American side focus on a “reform agenda” that included a revival of U.S. attention to corruption issues (we had taken umbrage at the Anglo Leasing scandal starting in 2004, and the Arturo/Armenian Brothers, the Standard raid and such embarrassments back before the war kicked up in Somalia with the Ethiopians in December 2006) and culminated in support for a revival of the constitutional reform process including regional “devolution”, a persistent issue throughout Kenyan political history. A basic framework for the “reform agenda” efforts was the National Accord and Reconciliation Act that was passed by Kenya’s new ODM-majority parliament in early 2008 to effectuate the post-election settlement. Critical parts of the deal have ultimately been repudiated by Kenya’s current government, most conspicuously the Truth, Justice and Reconciliation Commission process, and some parts were sadly constricted within the first months of implementation (In particular, investigation of the presidential election by the so-called “Kreigler Commission” was truncated in spite of intelligence revealing bribery at the ECK and secret “visa bans” by the U.S. against election commissioners revealed by published leaks in 2010).

Most importantly, no one of any stature or clout was ever prosecuted by Kenyan authorities for the 1000+ deaths and displacement of 600,000, and the the rape and arson and the rest. Put in proper perspective from where things stood on February 28, 2008, the end result has been a nightmare of impunity really.

In hindsight maybe the “real deal” on February 28 was always “everybody gets away with everything” but that was very much not what we were told and led to believe at that time and for some years after, by either side in Kenya or by the donor diplomats. When Parliament voted to duck its responsibilities to try suspects in the Kenyan court system and defer to the International Criminal Court, rallying with the slogan “don’t be vague, go to The Hague,” the presented spin was that the Government would actually substantively cooperate with ICC prosecutions. In hindsight that probably did not merit any credibility in the first place.

By the time all but two of the cases against the suspects identified by the Office of the Prosecutor as “most responsible” had fallen by the wayside, the two left were the longtime KANU mates, Kenyatta and Ruto. In the run up to the ill fated 2007 election, they were KANU leaders in opposition together. KANU had been part of the “No” or “Orange” campaign on Kibaki’s 2005 constitutional referendum and both were seen as potential opposition presidential candidates by 2007. When Uhuru as KANU Party leader and Leader of the Official Opposition took the unprecedented step of “crossing” to support Kibaki’s re-election (along with KANU’s Godfather, “retired” President Moi) and taking the party with him, Ruto broke to stay in opposition and join ODM to contest the nomination, ending up in “the Pentagon” with the others.

In the common unique predicament of facing ICC charges from the Post Election Violence, as longtime partners and as claimants to Kikuyu and Kalenjin leadership– and thus representing the most powerful voting groups who had always held the presidency and most recently clashed over it–Kenyatta and Ruto were an obvious pair for 2013. See “When did Uhuru and Ruto fight and why is their partnership allegedly so surprising?”.

With Ruto and Kenyatta as “victims” Prime Minister Raila Odinga and Vice President Kalonzo Musyoka as the opposition CORD campaign were back-footed and never found a consistent voice to address the challenge.

Kalonzo was arguably the major politician least tainted by suspicion of involvement with the underlying violence but was compromised by allowing himself to be used as its international diplomatic apologist starting even in Washington by early February 2008 as Kibaki’s new second term Vice President while the killing continued (see “‘The War for History’ part nine: from FOIA, a new readout of Vice President Kalonzo Musyoka’s February 2008 meeting with John Negroponte“) and continuing on with seeking support at the U.N. Security Council to stop the ICC process as well as in countries around the African Union. Raila himself never seemed to be able to settle on a clear or consistent position or message on prosecution of the violence either as a matter of law and policy, or morally.

Strictly from a stability standpoint the Western donors, especially those who helped support negotiation of an end to the violence in 2008, a Kikuyu/Kalenjin pairing was obviously the least risk option, which presumably would mean Ruto as URP leader and Kenyatta for TNA after the tragic helicopter crash that killed TNA Interior Minister George Saitoti.

Under the circumstances the flawed 2013 election itself was a happy success for the donors because “Kenya didn’t burn” and the opposition did not further resist after the controversial court decision. It does not seem credible to argue that the IEBC’s Count was anywhere near complete enough in the absence of the Results Transmission System which was said to have failed but was never going to work to warrant a 50.07% margin for the candidates favored by the incumbent president over the opposition, but it was quite plausible to argue that the Uhuruto ticket did have a plurality and it was safer not to have a runoff since having the election over was the most important thing. (See “Choosing Peace Over Democracy“) It might have been a bit awkward at first to have Kenya’s leaders charged with the political bloodletting but it did not seriously impede relationships and eventually, sure enough, the cases “went away” and the circle of impunity was unbroken.

Given this history, knowing how Kenyans and Westerners handled pending charges for the Post Election Violence the last time an incumbent Kenyan president was “retiring” due to term limits, what do you think the impact of corruption charges might be on the 2022 race? Another coalition of “targets”, more mass prayer rallies for the victim/candidates who might be guilty but should not be “singled out” when they are representatives and champions of their tribes? And again, from a risk mitigation standpoint, surely it would be safer for the donors to let the most dangerous people have their way?


Should the United States support “political confederation” of the East African Community? Can we do so while also supporting democracy?

What are the basics of our current foreign policy in East Africa? According to the State Department’s Bureau of African Affairs there are now “four pillars” to our policy towards Africa:

1) Strengthening Democratic Institutions;

2) Supporting African economic growth and development;

3) Advancing Peace and Security;

4) Promoting Opportunity and Development.

Pillar number one seems quite clear, even if I have to admit that I cannot articulate what difference is intended between numbers two and four. See “The Competitive Advantages of Promoting Democracy and Human Rights in Africa,” by Mark Dieker on the State Department DipNote Blog this month. Dieker is the Director of the Office of African Affairs at the Bureau of Democracy, Human Rights and Labor.

The East African Community as currently constituted with the addition of newly independent but unstable South Sudan has six member states. Arguably Kenya under its corrupt but seemingly stable one party dominant “handshake” government over the past year following annulled then boycotted 2017 elections is about as far along the democracy continuum as any of the six–on balance, the region seems to be experiencing authoritarian consolidation.

EAC Chairman Paul Kagame, who initially took power in the first instance through leading the 1990-1994 invasion from Uganda, engineered a referendum to lift term limits last year and was then re-elected with nearly 99% of the vote over his two closest opponents with less than 1% each, after jailing a more conspicuous challenger and expropriating her family’s resources. Suffice it say that Paul Kagame is one of the world’s more controversial leaders–both loved and hated, praised and feared among Rwandans and among politicians and journalists from other countries. The slogan of the EAC is “one people, one destiny”; the website invites users to memorialize the anniversary of “the genocide against the Tutsi”.

I think we could all agree that Kagame operates Rwanda as a heavily aid-dependent developmental authoritarian one party state “model”. Western diplomats and politicians, aid organizations, educational institutions and companies and foundations are free to participate so long as offer support rather than any form of dissent. Likewise journalists and scholars are welcome to spread the good news. Some see deep real progress from a genocidal baseline and a “cleaner”, “safer” more “orderly” less “corrupt” and more business-friendly “Africa”; some see a cruel dictatorship killing its opponents and silencing critics to hide its own dark past while supporting catastrophic regional wars and looting outside its borders while offering international busybodies and ambitious global operators gratification or absolution from past sins for cash and protection. Whatever one thinks of the relative merits of democracy and developmental authoritarianism, in Rwanda specifically or in East Africa or the world-at-large, I think we can agree that Rwanda is not a model of democracy.

Tanzania has regular elections which are always won by the party that always wins. In the world of East African democracy, it ranks above Kenya in some respects in recent years for avoiding the tribal mobilization and conspicuous corruption-fed election failures that have plagued its neighbor to the north. But again, no actual turnover of power from the ruling party and lately, civil liberties have been taking a conspicuous public beating. In the last election, the opposition took the seemingly desperate or cynical step of backing a candidate who was compromised by his recent expulsion from Government and the ruling CCM–and who having lost has now abandoned his new friends to return to CCM.

In Uganda, Museveni like Moi before him in Kenya, eventually allowed opposition parties to run, but unlike Moi, as not given up unilateral appointment of the election management body and has gone back to the “constitutional” well to lift first term limits, then the presidential age limit. While extrajudicial killings are not as prominent a feature of Ugandan politics as they are in Kenya, that might only be because Museveni counts on beatings and jail terms to send clear messages.

Burundi is under what would be an active ongoing crisis situation if not for the fact that things have gotten too much worse in too many other places for us to keep up. Whatever you think of Nkurunziza and the state of alternatives for Burundi, I do not think we need to argue about whether it is near to consolidated, stable, democracy.

South Sudan has not gotten far enough off the ground to present a serious question.

So under the circumstances it would seem quite counterintuitive to think that a political confederation beyond commercial of the existing six states would enhance rather than forestall hopes for a more a democratic intermediate future in Kenya or Tanzania. Likewise it does not seem to make sense to expect some serious mechanism for real democratic governance on a confederated six-partner basis anytime in the near or intermediate future unless quick breakthroughs are seem in multiple states.

Someday, after democratic transitions in Rwanda and Uganda and an experience of a change of power in Tanzania, after Kiir and Machar are safely under lock and key or have run off with Bashir to Paraguay, this can be revisited in a new light.

1999 Treaty Language TZ, UG, KE:

DETERMINED to strengthen their economic, social, cultural, political, technological and other ties for their fast balanced and sustainable development by the establishment of an East African Community, with an East African Customs Union and a Common Market as transitional stages to and integral parts thereof, subsequently a Monetary Union and ultimately a Political Federation;

In Chapter 23, Article 123

6. The Summit shall initiate the process towards the establishment of a Political Federation of the Partner States by directing the Council to undertake the process.

7. For purposes of paragraph 6 of this Article, the Summit may order a study to be first undertaken by the Council.

In 2011

In the consultations, it became clear that the East African citizens want to be adequately engaged and to have a say in the decisions and policies pursued by the East African Community.

On 20th May, 2017, the EAC Heads of State adopted the Political Confederation as a transitional model of the East African Political Federation.

Helpful reading on why al-Shabaab has gained support in Kenya – and remembering Garissa University attack (updated)

UPDATE April 4: A timely new report came out today on this topic from the International Crisis Group, “The Hidden Cost of al-Shabaab’s Campaign in North-eastern Kenya.”

To follow up on my last post addressing U.S. strategy in the war with al-Shabaab in Somalia, here is a helpful March article from TRT World magazine on “Why is al-Shabaab making inroads in Kenya?

Also recommended is a January report to the UK Parliament “The Threat of al-Shabaab in Kenya: the Kenyan Government’s Counterterrorism Approach“.

And a January overview from Ilya Gridneff in World Politics Review, Despite Reforms Across the Horn of Africa, al-Shabab Continues a Deadly Campaign“.

And relatedly, today Nairobi’s Star features a Central Bank of Kenya report that “51% of Kenyans Live Hand-to-Mouth” (up from 34.3% in 2016).

The attack on Garissa University killing 147 Kenyans, primarily Christian students, was four years ago this week. It is sad to recognize the degree to which this type of threat may have grown in some important respects rather than reduced since that time.

Ramping up air strikes after 12 years, does the Trump Administration have a new strategy for the war in Somalia or is this escalation “mission creep”?

Kenyans going for water in Eastern Province with jerry cans on red dirt

The Trump Administration’s escalation of the air power part of the war in Somalia in recent months has caught the attention of American journalists. See recent reporting in The New York Times and Amanda Sperber’s investigative reporting in The Nation. A recent Amnesty International report that U.S. air strikes have caused 14 civilian casualties since 2017 had enough salience now to draw a formal AFRICOM denial in response. Al-Shabaab has maintained a recent high rate of suicide bombings causing mass civilian casualties as well as targeting government officials.

[Update 2: On April 5, AFRICOM released this statement regarding civilian air strike casualties, indicating that records had been discovered showing two civilians killed in April 2018 with further review to be conducted.]

[Update: See April 3 from the Council on Foreign Relations, “Controversy over U.S. Strikes in Somalia“,]

Meanwhile, Kenyan forces under AMISOM are reportedly continuing to pull back into more defensive position and thus leaving previously secured villages.

In a nutshell, the current chapter of war in Somalia has been underway since December 2006 with the Ethiopian invasion to restore the Transitional Federal Government which had been forced out of Mogadishu and was under threat of complete collapse in the face of fighters supporting the Islamic Courts Unions. There is a fair bit of fog on the details of the U.S. role. Secretary Condoleezza Rice wrote in one of her memoirs, No Higher Honor, that Ethiopian leader Meles Zenawi, already having expressed concern about spillover effects in Ethiopia from an extremist takeover in Somalia, called her on December 29 to let her know that his military was going in and, “Frankly, I did not try to dissuade him”. While there seems to be no surfaced evidence that we initiated the idea and some Americans involved in dealing with the Ethiopians could have been more discouraging at some prior point–clarity will await the historians–we nonetheless got directly involved without any public debate or disclosure to the American public. By the “go date” –just prior to December 29–we ended up providing air support and special forces hunting terrorists, at least, as well as coordinating with Kenya in the south as reported.

See “David Axe on ‘America’s Somalia Experiment’ provides a timely reminder of policy in the Horn of Africa in 2007-08“.

Rice’s memoir indicates she had no high regard or expectation regarding the TFG. She also writes that the Ethiopians were supposedly intending to be quickly in and out. Given these two factors, it is hard to understand exactly what was hoped for or expected (one has to be at least reminded of Libya or Afghanistan or Iraq where we were supposedly intervening militarily to prevent bad behavior without having a clear plan for the aftermath).

There has been some argument from commentators that we opposed the Islamic Courts Union because it was “Islamist”. The United States has close and supportive relations with a variety of Islamist governments, most conspicuously of course the Kingdom of Saudi Arabia itself which has had such a big ideological footprint in re-shaping education and worship among Muslims in Kenya, Somalia and throughout East Africa (and globally) so it does not make any sense to think that the U.S. supported a military ouster of the ICU just because they were Islamist rather than either tolerant or secular.

Nonetheless, Ethiopia had become a military ally of perceived importance and the invasion made sense for Meles Zenawi as head of a EPRDF regime that had its own reasons be concerned about a consolidating Islamist government regime next door, in an environment in which it had cracked down on political expression following a strong opposition showing and protests from the May 2005 election. For the U.S. I suspect that the motivator, in addition to supporting Meles, was the notion of the ICU as providing a “safe haven” for al Qaeda figures, including especially suspects in the Kenya and Tanzanian Embassy bombings, rather than issues more specific to the civil war or otherwise of internal governance. Al-Shabab has a long history with al Qaeda connected foreign fighters in leadership, and al Qaeda’s involvement in Somalia predated the ICUs by many years, although al-Shabaab it did not publicly and formally declare allegiance to al Qaeda leader Ayman al Zawahiri and become an open affiliate until 2012.

In 2002 the United States Central Command had established its base in Djibouti for the Combined Joint Task Force-Horn of Africa.  In December 2006 the new “Africa Command”–AFRICOM–had been announced but did not become operational and take over the Somalia war in its Area of Responsibility until late 2008, or almost two years into the war. AFRICOM has continued to be headquartered in Stuttgart, Germany for ten years now and relies on the CJTF-HOA as its only formal “base” on the continent, although in layman’s terms it has many small “base-like facilities” with various “MILSPEAK” labels across the north and central parts of the continent. Journalist Nick Turse in particular has identified facilities for American readers who do not have the opportunity to see these locations for themselves by seeking records and public sources, while sparring with the AFRICOM public affairs function who seem to have orders to make sure only skeptics will report most of what AFRICOM does. Several of these facilities, such as Camp Simba at Manda Bay near the Somali border in Kenya, are particularly relevant to the warfighting in Somalia. See “Africa is a Command: from Bush to Obama to Trump“.

Following the Ethiopian action, in early 2007 the African Union AMISOM “peacekeeping” force was established to continue to defend the restored TFG and it’s internationally sponsored “transition”, with the EU funding the AU to pay for troops from Burundi, Uganda and other providers.  In October 2011 Kenya entered the war with a land invasion from the south and roughly nine months later in June 2012 formally enrolled their Kenya Defense Forces fighters in the AMISOM mission for reimbursement. In September of 2012 Kenya AMISIM conducted a successful amphibious landing and joint attack with the Somali National Army and local militia, taking over the lucrative port at Kismayo, a regional charcoal and sugar smuggling venue that was controlled by al Shabaab and had been their key urban center since they were replaced from Mogadishu in 2011. Kismayo is capital of the Jubaland region that Kenya has long seen as a potential buffer beyond its own underdeveloped and ethnic Somali frontier. At present, Jubaland’s nascent regional government, led by former local warlord, is negotiating the possibility of resuming cooperation with the nascent Somali Federal Government, successor to the TFG, and is to hold a presidential election in August. Kenyan forces over the years have suffered significant, but officially obscured, losses in major attacks on two of their positions, but have generally avoided any sustained pace of conflict in supporting the regional Jubaland administration. Smuggling reportedly continues to be lucrative and shared by the KDF with al-Shabaab and non-al-Shabaab Jubaland Somalis. Kenyans at home have suffered high profile terrorist attacks from al-Shabaab and its supporters from both countries and the Kenyan “frontier region” seems to be more contested than at any time in the last 40 years, although political devolution seems to provide some examples of integration-supportive development progress. See “Now to that next step: evaluating the Kenya Defense Forces role in Somalia and Kenya’s security needs“.

Over the years since 2007 the war has ebbed and flowed on a seemingly sustainable, semi-permanent footing.  Both the recognized government and al-Shabaab have territory and funding and some resilient will even if leadership seem frequently fluid. AMISOM expert and George Washington University Professor Paul Williams has suggested that AMISOM could reasonably hope to pass off to a Somali defense in as little as ten more years, which would mean we are slightly more than half-way through a 22-year mission.

For some reason, there seem to be disruptive elements in recent months aside from the continued high number of suicide bombings and the major January terror attack in Nairobi’s Westlands. First, there seems to be the strange notion that AMISOM should draw down troop numbers now because someone years ago guessed that something more like ten years rather than twenty would be adequate.  This strikes me as quite irresponsible.  Inertia is not a substitute for a strategy and tactics that adjust to interim successes and failures.

Second, the big increase in air strikes. The strikes are not explained other than announcements after each in which al-Shabaab fighters are said to have been killed and that the strikes were in support of operations of the Somali National Army and/or AMISOM or protecting our troops supporting same.  Reportedly we only have around 500 “warfighters” of our own deployed so it is the volume of air strikes rather than personnel that represent a significant change and raise the question why?

Sometimes, the question of the deployment of 500 American warfighters can achieve major political resonance with the United States–such as the recent back and forth within the Administrations about residual deployment numbers for eastern Syria.  Others, as in the case of Somalia seem nearly invisible.

Reading through the AFRICOM public communications, one gets the impression that the Command has a concern to re-assure our African “partners” (“partner” in this context means any government in the Area of Responsibility that is not off limits for reason of some egregious human rights situation or other policy matter that will agree to let us help them with training and capacity building in return for access and cooperation) that we are not going to abandon them to their “violent extremists” as we are calling the various Islamist guerrilla forces that use terrorism among their insurgency toolkits. 

The Trump Administration has announced that it is re-orienting American National Defense Strategy toward defending against major power competitors (i.e. Russia and China) rather than the “violent extremists”.  The timing may seem worrying to African defense leaders since the “violent extremist” problem is significantly worse in many areas now than when AFRICOM started in 2008, just as a recent CSIS report has documented what we all know casually: the situation has worsened globally (“Despite nearly two decades of U.S.-led counterterrorism operations, there are nearly four times as many Sunni Islamic militants today as there were on September 11, 2001.“)

In the case of AFRICOM, the official “MILSPEAK” term for a ten percent drawdown in American forces in Africa associated with the new National Defense Strategy is “Optimization”.  (One could suggest that this is the defense assistance analog to USAID’s “Self Reliance” focus coinciding with the Trump Administrations budget proposals to dramatically cut assistance budgets while increasing overall defense spending.)  Of course we are all in favor of being optimal, and self-reliant, just like we all want to be best, but these kind of words mean different things to different people, especially when used as public diplomacy labels to win support for changes in policy.

Could increasing air strikes seem to someone in the process in Washington a way to “show commitment” to fighting al-Shabaab even as our global posture shifts?  Could they indicate concerns of more al-Queda related transnational terrorists coming in with the territorial defeat of ISIS in Syria or otherwise?  Or if AMISOM is going to be allowed to draw down is there a desire to substitute air strikes or expedite the pace of fighting to keep al-Shabaab from waiting out AMISOM before the Somalia National Army is capable?  These are all just hypotheticals for me as an American not employed or contracted by my government to be personally involved beyond paying the taxes and preparing my children for the debt load.

Part of the challenge with Somalia is that we are not ready, at least yet, to acknowledge being “at war” even though there is not any serious factual debate about the fact that we are and have been.  The fact that we are fighting is not officially secret, but neither are we open about it.  We are not seeking public support in either the United States or in East Africa for what we are doing since we are willing to talk about it only in a way that is patently condescending rather than inviting engagement.

I have always wondered to what extent the war effort on Somalia, and the decision not to talk about it, hamstrung Ambassador Ranneberger and others who were supervising our democracy assistance and election preparation in Kenya. And once I eventually saw recently through FOIA that by April 2017 the Ambassador was describing a new approach of “building capital” with Kibaki rather than pushing reforms as per the older USAID program I would inherit within a few weeks, I am left with the heightened collaboration with Kenya during those initial months after the Ethiopian invasion as the most obvious change in facts that could explain the Kenya policy change. Was our failure in election assistance in Kenya with its devastating consequences facilitated by an unwillingness to discuss and account for Ethiopia and Somalia policy overlaps? If so, are we facing this kind of risk again as we escalate an air campaign without discussing why?

I am hoping that somewhere in my Government someone has come up with a new strategy for this war and that it went up the military and ultimately civilian chain-of-command before we started this escalated air campaign. The other possibility is pure self-perpetuating institutional “mission creep” which would be disturbing and irresponsible:

The escalation of airstrikes, as well as the introduction of manned gunships, has transformed the Defense Department’s Africa Command, based in Germany, into a war-fighting element akin to Central Command, which directs the wars in Iraq, Syria and Afghanistan. Africa Command, which was created only in 2007, has stressed that its role on the continent is to focus on training and equipping allied troops on the continent, but the rise in strikes points to a change in both posture and mission. Current and former American officials previously told The Times that there wasn’t one clear reason for the increase, but they noted that the drawdown of American military operations elsewhere in the world has given Africa Command more drones and gunships to use in Somalia. The loosening of regulations under the Trump administration on using force in the country has also contributed to the rise.

See “At War: This New Generation of Weapons Could Mean More Covert Airstikes Around the World”, March 27, 2017, NY Times Magazine.

 See “Somalia and the Limits of U.S. Bombing“, a prescient warning from Jon Temin, now of Freedom House, early in the Trump administration.

For the KDF role, see “Why an open-ended military campaign in Somalia may prove to be very expensive“, Andrew J. Franklin, Business Daily Africa, Dec. 7, 2011.

For background please start with Kenyan writer Rasna Warah’s “War Crimes: How Warlords, Politicians, Foreign Governments and Aid Agencies Conspired to Create a Failed State in Somalia” and the recent “Inside al-Shabaab; The Secret History of Al-Qaeda’s Most Powerful Ally” by Haron Maruf and Dan Joseph, reviewed here in Hiiran Online.