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?
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.
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 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 thePolitical Confederationas a transitional model of the East African Political Federation.
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.
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.
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.
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 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 officialspreviously told The Timesthat 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.
Could one make a case that perhaps it was not me after all, but more the Ambassador and/or others at the State Department who “went native” in Kenya over the 2007 election controversy (and in other situations)?
Interesting to think about as things have played out.
Also one of those strange articles in The Daily Nation this past week, drawing on a particular bit of older Kenyan political history: the article notes that Ambassador Kyle McCarter will soon take up his post in Kenya for the United States, and that the first American Ambassador to Kenya, William Attwood, had acquired property in Kenya and wanted to retire there, but was banned from staying or returning to the country by Jomo Kenyatta who was angered by his act of publishing his memoir, The Reds and the Blacks. Without explaining specifically what Kenyatta was offended by, the article cites some of Attwood’s material about his perception of Cold War tied machinations involving the competition between Oginga Odinga and Kenyatta and allegations of Odinga’s separate East-bloc arms imports. It then notes Ambassador Ranneberger’s re-marriage to a Kenyan and his vacation home on the Coast at Malindi. (Interesting is the omission of any reference to Ambassador Smith Hempstone and his memoir, Rogue Ambassador, which details his interaction with “the second liberation” and his impressions of Raila Odinga and Mwai Kibaki.)
Maybe Ambassador McCarter is being reminded not to step too hard on certain toes so that the Government of Kenya remains cooperative with his family’s longstanding mission work in Tharaka Nithi?
The topic of “going native” came up for me in early 2010 when my security clearance was up for renewal for my job as a lawyer for Navy shipbuilding contracts where I had returned after my leave of absence to work in Kenya for the International Republican Institute in 2007-08. I filled out the detailed paperwork listing my foreign contacts over the previous years, including my work for IRI in Kenya, Somaliland and Sudan (later to be apparently stolen by Chinese hacking from the Office of Personnel Management) and had my interview with a retired military officer who had served in Somalia in the early 1990’s and thus knew the region.
I did not know how to initiate an explanation in my interview that I had gotten into a “he said/he said” with Ambassador Ranneberger about the 2007 Kenyan election on the front page of the New York Times but I expected it to come up in some form. After the interview, I got a follow up: was I sure that I had been loyal to the United States as opposed to acting on conflicting loyalties to Kenya–had I had gone native? I answered clearly and unequivocally. Essentially I asserted the lawyerly equivalent of the courtroom objection: “asked and answered”. “I already told you I was a loyal American before someone fussed — I have nothing to change.” Apparently this was satisfactory as I did not lose my clearance (and thus my job).
Jendayi Frazer, Asst. Sec. of State for African Affairs during the second G. W. Bush Administration and Swan’s superior during the 2007-08 Kenyan election imbroglio, maintains a home in Nairobi as I understand, and was the primary international spokesman, informally, for the “Uhuruto” campaign in 2013, accusing then Asst. Sec. State Johnnie Carson of “interfering” in the campaign by suggesting that the election of crimes against humanity suspects could have “consequences” in trying to tamp down the use by the Uhuruto campaign of a statement by President Obama that was asserted to bolster a claim that the U.S. had no concerns about the issue. Frazer has business interests in Kenya and with the Kenyan government, through the the Kigali domiciled but Kenya based East Africa Exchange commodity platform arising out of a partnership between Swiss trader Nicholas Berggruen’s Berggruen Holdings and the East African Community. See my previous post here. Frazer and a Berggruen representative are also on the board of the Mastercard Foundation based in Toronto which has extensive programs in the region. Frazier is an Advisor for Rice Hadley Gates, the international consulting firm of of her colleagues from the Bush Administration (Robert Gates also stayed on as Obama’s Secretary of Defense; Hadley was Rice’s Deputy National Security Advisor during the inception of the Iraq War and took over after she went to State where she brought over Frazer; Hadley also turned his experience to the chairmanship of the United States Institute of Peace. Carson has since retired from the State Department and is also affiliated with the Albright Stonebridge Group as well as the United States Institute of Peace and NDI.)
The cases of Attwood, Frazer, Swan and Ranneberger, if nothing else, are examples of the “Nairobi Curse”, demonstrating the advantages that accrue to Uhuruto in controlling access to permission to live and work in Nairobi.
And of course there is the purge of the IFES Country Director during the 2017 Uhuruto re-election campaign.
[Update: to be clear, my point here is about the relationships and dependencies of individual Americans to the Government of the day in Kenya and Kenyan politicians in power, not to get into the merits or demerits of specific investment activity. I think it is good for Americans to be in Kenya and Kenyans to be in America. In concept, Frazer’s East African Exchange, for example, seems to offer potential benefit to small farmers, although the authorities in Rwanda and Kenya have a track record of contradictory priorities, so it is hard to know what to expect. As far as ASG and the associated private equity funds, I would think Nairobi is heavily served on the consultancy side but there is always a need for private direct investment in the region in the abstract, through the Caribbean or elsewhere, with the devil in the details of particular investments.]
. . . The Kroll Report, for instance is available online for those curious about the rip-offs of the 1980s into the early 2000s. The Goldenberg scam report is in the public domain. Anglo-leasing scam is still fresh in the minds of many.
There are numerous other reports on misappropriation of public resources in parastatals, annexation of public land, seizure and transfer into private ownership of public motor vehicles, for instance.
However, for the first time a Kenyan chronicles the looting of national resources in a book, in a language, style and tone that is easily accessible to the public. This is not some report by an NGO or government watchdog, full of figures, graphs and illustrations to show the enormity of the theft.
No, this is a collection of narratives of daring, outrageous and unbelievable self-service by the Kenyan elite at the buffet of state and non-state resources.
These are tales that highlight how the Kenyan elite – political, economic, bureaucratic or even clerical – evacuated the moral high ground long time ago and thus don’t really care about the moralising about corruption; how they have behaved as a ‘members’ only club, irrespective of tribe or religion or political leaning; how they have gradually morphed into a powerful class that will use any means at their disposal to maintain their privilege; and how they have consequently impoverished the country.
Looters and Grabbersshould scare any Kenyan who reads it. For it begins at the beginning: with the land grabbing frenzy of the years after the end of colonialism. . . .
The annual war on corruption has been launched with fireworks but may prove once more to be nothing more than a damp squib. For all the threats and promises, what we are witnessing appears more like passing wind in a crowded room with everyone blaming someone else for the foul smell. Those with powers and microphones are demanding accountability and justice. Every arm of government wants justice to flow down like a river, but each of them wants to decide who is going to get wet. So the battle will most likely conclude with a cease fire as the windows are opened, the stench is released and normal services resume.
It is good to stand back and take the long view of proceedings. Most of the mega corruption scandals for the last 55 years are the handiwork of the political class and their cronies. Yet, these same individuals, families and gangs are now shouting loudest about ending corruption and bringing culprits to book. Isn’t that strange, almost funny if there were not so much at stake! But this should make you suspicious about what is really going on.
Failure to replace petty thieves with mega looters in our institutions of correction is entirely the fault of the Judiciary according to vox populi and the ranting classes. . . . Instead of baying for the blood of the mega thieves, the anger is projected onto the Judiciary and they are the new scapegoats to blame for the looting of the nation. Therein is another reason to be extremely sceptical about pronouncements on corruption.
What makes this all the more shameful and ridiculous is that the media have become enthusiastic collaborators in lynching the Judiciary. . . .
Yet painful as it is to admit, media houses have let the public down more than any other institution in their failure to pursue and investigate mega corruption. Investigative journalism is fast disappearing and most publications are more likely to give attention to love triangles than to the maize scandal. Entertainment is valued more than education. . . . .
Reporting truth to the masses empowers them and does more than anything else to democratise societies. However, in recent years we have witnessed editors, cartoonists and popular columnists axed from our dailies because they dared to challenge, expose and ridicule the government of the day.. . . .
If owners and editors permitted their best journalists to do proper, consistent, thorough and impartial investigations of the scandals we would rise early to buy our copies and the three arms of government would be worried.
Kenya’s political landscape in 2019 will be dominated by two-way competition between Deputy PresidentWilliam Rutoof the ruling Jubilee Party and former Prime MinisterRaila Odingaof the Orange Democratic Movement (ODM), as each man positions himself for the presidential election of 2022. Each will be trying to cobble together a winning coalition by buttressing his ethnic stronghold and winning over the ‘swing’ votes in regions such as Maasailand, Kisii, Luhyaland and the Coast.
PresidentUhuru Kenyatta‘s mantra is that the time for party politics is over and that all leaders should concentrate on economic development, based on his signature ‘Big Four Agenda’ (food security, affordable housing, manufacturing, and affordable healthcare), and reconciliation, based on the ‘Building Bridges Initiative’ agreed between him and Odinga last March. He will continue to state this line, arguing that he wants a legacy of an ethnically united Kenya, and will continue to reach out to former opposition leader Odinga and his Luo people.
Both Odinga and Ruto will on the surface claim they support the Big Four and Building Bridges even as they continue their individual campaigns and trade acerbic barbs. Many Kenyan pundits say the only person who has not grasped the new reality is Kenyatta, as he continues to insist on a politics-free country until 2022. . . .
Relatedly a friend got me a copy from Kenya of John Onyando’s recently published “Kenya: The Failed Quest for Electoral Justice” which I am reading with great interest. (Hoping this will be published internationally soon.) Most significantly so far I finally have an insider’s account of one of the key mysteries from the current, post-2002 era in Kenyan politics: what happened to cause the dropping of the Prime Ministry in the final maneuvering for the 2010 Constitutional referendum? Preserving an exceptionally powerful unitary executive Presidency was the key issue in Kibaki’s dumping of his MOU with Raila, et al, and the defeat of the “Wako Draft” constitution at the 2005 Referendum by what became the “Orange Democratic Movement”. Thus it was a bit of a shock to see Raila and ODM leading the “Yes” campaign along with Kibaki in 2010 for a new draft constitution where even the weak Prime Minister position that Odinga then held was completely excised.
Any explanation of why the Prime Ministry “went away,” as it was put, was one of the more conspicuous gaps in Raila’s autobiography “The Flame of Freedom“.
On paper the 2010 Constitution as passed at the referendum in July of that year does have a variety of intricate mechanisms of reductions of individual power for His Excellency the President at the national government level, but since they are not self-executing and there is no Prime Minister or other potentially independent power center, once the 2013 election was decided for the Uhuruto ticket, Kenyatta has as one would expect largely worked around them, if not explicitly eviserated them legislatively using his control of Parliament.
According to Onyando, by the time of the final politicians’ cut on the 2010 draft constitution arising from the February 2008 National Accord to settle the Post Election Violence, the Opposition/ODM/Raila side had already lost Ruto to Kibaki/Kenyatta to the point that the President’s side gained three votes aligned with Ruto among those allocated to the Opposition among the group. Thus the Kibaki/Kenyatta side was able to write out any direct sharing of executive power under the new dispensation to follow the Government of National Unity. Raila went along on the basis that there was enough reform with partial devolution to 47 new counties and other provisions to warrant a “yes” versus a “no”.
It is noteworthy that even Africa Confidential is offering their current 2019 assessment without reference to specific terms of the Uhuru-Raila “handshake” of March 2018. I am not comfortable doing any real handicapping of the 2022 race myself or saying too much about current Kenya politics without being privy to the actual details of the deal.
Looking back on my personal experience it is notable to me that Ambassador Ranneberger and I contradicted each other on at least three separate points of fact in our respective interviews with The Times on the 2007 Kenyan election controversy (mine with Mike McIntire in the U.S. and his with Jeffrey Gettleman in Kenya) but I did not lose my security clearance, and had it renewed the next year when it came up so I was able to continue my career as an attorney working on U.S. Navy shipbuilding programs. I suspect I might have had some difficulty if it were not recognized that I had in fact been honest. Had I been a Kenyan (or Chinese for example) citizen it would have been unthinkable to hope to “get away” with being truthful in contradiction to a senior public official in this way without expecting to loose my job and likely go to jail or be killed.
1. I cannot and have not defended New York Times’ use of the particular photographof victims that has angered Kenyans.
Using that photo, especially while the attack was ongoing, was bad judgment in a number of respects that have been well explained by others.
2. My personal inclination from my own circumstances is usually to be somewhat defensive of the Times when they get attacked . . .
. . . as they frequently do, not because they are not regularly frustrating and imperfect but because they have been and continue to be a critical part of the wider media firmament in the United States. And newspaper journalism in the United States is suffering to our detriment and all professional news reporting is contested in our Trump era. (More about this later).
3. But, apologies are easy.
I understand that if the Times turned over editorial judgment to social media responders they would quickly be lost in the internet sea and cease to exist or be snatched up by a hedge fund and/or an ideologically motivated billionaire and/or have to publish listicles and soft porn to survive. Likewise they can never willingly let themselves be bullied by authoritarian governments so the grandstanding demands and threats from the Media Council of Kenya make the situation harder to address constructively and are not in well considered good faith in my opinion. But apologies are still easy. (And surely taking down or swapping out the one photograph would be a “correction” not some actual editorial diversion.)
4. Thus, I come around to seeing and feeling a humility and empathy problem.
Especially as time has gone by. The Times is not the Daily Mail nor The Sun and does not deserve to be the poster child for historical imperialism/colonialism devaluing black and brown bodies even if it has its own limitations and faults. But the Times made a mistake here and it was unforced and not anyone else’s fault. The tone deaf lack of responsiveness makes me more appreciative of the perspectives that I have picked up from friends in academia and journalism and other fields over the years that are more critical of the Times.
5. The individual reporter did nothing substantively professionally wrong.
The complaint is with the photo placed by the editors in New York not with the reporter’s story. The photo was by a Kenyan photographer through the Associated Press. So it is simply not her fault. In the moment of anguish with the attack it seems that she received a lot of the grief associated with this situation which was not her doing or in control. Having arrived at an understanding of the facts, there is apparently still a broad sentiment among many Kenyans, including many that I admire and respect, to deport her for being insensitive and seemingly a bit flip in responding. In other words, to me more of a moral question as to whether we think from Twitter that she has the personal traits we approve of as opposed to her actual writing.
Keep in mind that she is a corporate employee presumably. Without knowing the details of her individual situation with the Times, in general terms most American employees are subject to being fired at will, for any reason or no reason, without any legal right to severance as in Kenya, much less “due process”. I am a corporate lawyer [my experience in the world of Kenyan media and politics (and especially the New York Times) that has been the basis for this blog was “on leave” from that corporate career] so I know something about how things work. For a remote employee to say unilaterally to the public on social media that her bosses back in New York screwed up something that is in their job description and discretion and not hers is problematic.
The reporter/correspondent is supposed to say “I am sorry but I personally think my bosses have made a terrible mistake with the company product back in New York”? I do not know what I would have done in her shoes, and I can sit back at home and imagine doing better but realistically she was in a losing position.
I had a slightly analogous situation as an NGO employee in Kenya when my bosses back in Washington put out a press statement that the exit poll I supervised in the 2007 election showing an opposition win was “invalid”. I was in a lose/lose situation on my own in Nairobi. My threading of the needle in dealing with that situation has never been fully satisfactory to anyone so far as I know but not fully “toeing the line” has been life changing in some respects. I objected strenuously in private. In public when I was pressed by a reporter for Nairobi’s Star on whether the statement from Washington “reflected my personal opinion” I explained that “it was’t intended to reflect my personal opinion”–no surprise that the reporting when it hit the paper was that I had said that it “did not reflect” my own opinion. When it was faxed to Washington the president of my organization “hit the roof” per a phone call from my boss who had heard it from him. After I explained the exact choice of words, she ran interference for me and got him “calmed down” on the basis that I had been “misquoted”. Of course I knew when the reporter called me that I was likely to get get fired for diverging from my superiors and I did not have an opportunity to go ask my wife and kids.
I did some things privately during the interval to keep the exit poll from “going away” before it was ultimately released publicly in July but that was closely held and I have never written about that part of the story yet.
It was only post-employment that I felt that I could publicly express my own opinions related to my work. Ultimately I was quoted from published interviews in The Nation magazine and The New York Times itself (and written about by Kenyan media and and The Weekly Standard and RedState.com without being contaced or interviewed).
Fortunately, my temporary duty in NGO-world was ending in a few weeks anyway. My law job was waiting for me at home. I decided not to resign to keep the office together and I did not get fired. But I was on a short leash until my return to the States and I avoided being out and about or meeting politicians so I would not have to be chose between being openly insubordinate or dishonest. I am grateful that I had some room to maneuver in that pre-social media era.
7. Where do my Kenyan friends want this to end up?
Is “the Kenya we want” one in which foreign reporters for foreign newspapers get deported because they are perceived to be insensitive on social media? What are the ramifications of that? Just reporters? Etc.
Remember that the Times of London correspondent was detained at the airport and expelled by all appearances because he was investigating the Eurobond mysteries. No one filled those shoes. You are still on the hook for the debt and it turns out there seems to have been a secret problem with the SGR financing from 2014 that you are just reading about now.
This deserves to be reflected on and discussed–perhaps mediated–offline and in person, with a little space from the anguish of this attack, and this photo.
6. The peak of this for me is someone on Twitter who wanted to deport the photographer.
Fortunately the Courts in Kenya have now clearly and explicitly ruled against the Executive Branch’s power to deport a Kenyan in the Miguna Miguna cases. We all know the application of the law to the actions of Executive Branch is difficult and often contested as a matter of power rather than right–here in the United States also–so I think Kenyans would be wise to think carefully on this.
Twenty-and-a-half years after the al-Queda bombing of the U.S. Embassy in Nairobi, a small team of gunmen and a bomber hit a hotel and office complex in Westlands, reminiscent of the 2013 Westgate Mall attack. With the “known missing” fully accounted for now, the death toll stands at 21. Many more were injured and the trauma is compounded by the uncertainty of many who were trapped and/or missing.
On Sunday and Monday a governance and economy controversy was escalating in Kenya after the Sunday Nation published an expose on “Hidden traps in SGR deal with China“. Sadly, unlike a terrorist attack, this is new bad news. If true it poses serious challenges to the credibility of those who have known the actual terms of the as yet undisclosed deal between the Kenyatta and Xi governments dating back to 2014, as well as to the viability of “Big Four Agenda”, “Vision 2030” and the overall public version of Kenya’s economic development aspirations.
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.)
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.
“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?
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.