Independence Day, snakes and freedom

I spent part of Independence Day during my year in Kenya at the party at the American Embassy residence. I had a nice time and appreciated the Ambassador’s courtesy in inviting me, but I was a bit surprised at the choice of featured speaker from the Kenyan government, the then-Minister of Internal Security John Michuki. Also on the dais were Vice President Moody Awori and the “Leader of the Opposition” Uhuru Kenyatta. Michuki talked about his recent “security cooperation” visit to the U.S.

Michuki struck me as a particularly ironic choice of headliner for such an event celebrating American democracy because of his notoriety in regard to a high profile and highly symbolic act reflecting a deteriorating state of respect for political freedoms in Kenya not much more than a year earlier. Here is how Canada’s diplomatic magazine Embassy described the Kenyan government’s raid on the Standard Media Group in March 2006:

The malignant designs against the media took centre-stage in Kenyan politics two weeks ago when a dozen hooded policemen raided the newsroom and printing press of Kenya’s oldest daily newspaper, The East African Standard, and its television station, Kenya Television Network (KTN). 

It was a commando-style midnight raid. Printed copies of the newspaper ready for morning dispatch were burnt and the printing press dismantled. The police squad, code named Quick Response Unit (QRU), then switched off KTN and took away computers and accessories. Upon their arrival at the media group’s premises, they ordered staff to lie down and robbed them of money and cellular phones. All those items have not been returned. 

The Kenyan Minister for Internal Security, John Michuki, justified the raid on the following day with a proverb: “When you rattle a snake, the snake will bite you.” 

Indeed “the snake” may have been rattled lately in that the raid came as Kenyan media exposed a high-level multi-million dollar scam in which senior government ministers were accused of successive embezzlements of public funds. The scam, which stunned the nation for the huge amounts looted, involved a fictitious company named as Anglo-Leasing Company that was awarded several government contracts and paid upfront. It is still a running story.

However, the exposures prompted public pressure against the government leading to the sacking of four government ministers. The heat is still on against Vice President Moody Awori to step aside for facilitation of investigations against him. 

I don’t know the real reason for the Standard raid, although I have read arguments that it was triggered by reporting regarding allegations that Kalonzo Musyoka, then a contender for the ODM presidential nomination and now the Vice President, had met secretly with President Kibaki. Regardless, the raid was vigorously condemned by the diplomatic community at that time, including by U.S. Ambassador Mark Bellamy. Just before the December election Bellamy was removed as a delegate from the IRI International Election Observation team after Ranneberger made threats that he would, inter alia, pull funding for the mission at the last minute if Bellamy was included, because he was seen by the Kenyan government as critical.

Happy 4th of July. To celebrate, do something to uphold democratic values.

[Originally published July 4, 2010]

Good news and bad news on the effectiveness of American “democracy assistance”: we spent most of the money where war precluded meaningful opportunity

The conjunction of war and democracy assistance has been brought back to the fore for me the publication by The Washington Post of its “Afghanistan Papers” series.

The bottom line on the Afghanistan war for me is that those who warned that we were risking losing Afghanistan to invade Iraq (who seemed persuasive to me at the time) turned out to be right:

Drawing partly on the interviews but largely on other government documents, SIGAR [the Special Inspector General for Afghan Reconstruction] published two Lessons Learned reports in 2017 and 2019 that highlighted an array of problems with the Afghan security forces. The reports followed several SIGAR audits and investigations that had pinpointed similar troubles with the Afghan army and police. 

But the Lessons Learned reports omitted the names of the vast majority of those interviewed for the project, as well as their most biting critiques. The Post obtained notes and transcripts of the interviews under the Freedom of Information Act (FOIA) after a three-year legal battle. 

“We got the [Afghan forces] we deserve,” Douglas Lute, an Army lieutenant general who served as the White House’s Afghan war czar under Presidents George W. Bush and Obama, told government interviewers. 

If the U.S. government had ramped up training between 2002 and 2006, “when the Taliban was weak and disorganized, things may have been different,” Lute added. “Instead, we went to Iraq. If we committed money deliberately and sooner, we could have a different outcome.”

It may be that we never really had a chance to achieve a desirable outcome but we made an alternative choice that appears to have precluded what chance there was.

Of course I cannot truly be surprised by pervasive “spin” about Afghanistan because of my experience in Kenya in 2007-2008 and the lack of response from the government and the official democracy assistance fraternity to the my disclosure of dishonesty in how we (the U.S. Government) addressed election fraud in Kenya and how we handled the inconvenient exit poll showing an opposition win and some of the inconvenient things we witnessed as election observers at the polls. [Not to mention what we all knew about Iraq by 2007.]

Even though most “name brand” experts and U.S. Government funded institutions seem to agree that globally democracy is in some form of recession, it is hard to know whether serious and purposeful United States-funded democracy assistance programming might have potential benefits because most of the money and effort has gone to war adjunct “nation building” as in Afghanistan where it turns out that nearly everyone has “privately” been admitting that we do not know what we are doing or should be doing and thus have no real chance of genuine success.

During my time with the International Republican Institute in the late Bush Administration the dominant “democracy promotion” or “democracy assistance” programs were Iraq followed by Sudan. Shortly after I finished my time in the barrel in Kenya in mid-2008 the venerable Center for Strategic and International Studies convened a blue ribbon panel to look at the reputation problem of the term “democracy promotion” due to the association with experimental “expeditionary warfare” in Iraq. Thus the pivot from “democracy promotion” to “democracy assistance”.

By the later Obama years Afghanistan, followed by Iraq and newly severed but but failing South Sudan were getting most of the democracy assistance dollars.

A Government Accountability Office report on Democracy Assistance, GAO-18-136, notes “Total USAID democracy assistance funding for projects in Afghanistan was greater than for any other country, amounting to almost 39 percent of USAID’s total democracy assistance obligations during fiscal years 2012 through 2015.” Here are the totals for the top fourteen USAID democracy assistance FY 2012-16 “places of performance”:

Afghanistan 1,650M

Iraq 238M

Regional/Global 201M

South Sudan 159M

Mexico 102M

Columbia 86M

Honduras 81M

Pakistan 79M

Bangladesh 76M

Haiti 73M

Liberia 68M

Egypt 65M

Kenya 60M

Indonesia 60M

*Note this is just USAID and does not encompass the separate Department of Defense and State programs, and much smaller amounts from the National Endowment for Democracy.

Back in 2007 in Kenya, a country on the brink of crisis, but supposedly of vital interest to the United States, most of the democracy assistance money being spent in the country was the “back office” operations for the vast (as measured in dollars anyway) pre-independence Southern Sudan operation.

People in Washington paid so little attention to democratization in Kenya in 2007 as to fail to realize or at least act on the risks of having the Ambassador “looking and pointing the other way” as Kibaki rather openly stole re-election (even though the opposition was also pro-Western and friendly to the United States so there was no bona fide nation interest served by those Americans who subverted our own meagre democracy assistance program).

In 2013, even after the disaster of 2007, we deliberately chose the path of non-transparency when our funded purchasing of the Results Transmission System for the election was botched and the system failed to work. Kenya’s Supreme Court shut down a partial recount that showed serious problems and affirmed the questionable tally of the Electoral Commission (litigating with undisclosed American-funded assistance) to avoiding by a whisker the runoff that the pre-election polls predicted. The Supreme Court ordered an investigation into the procurement fraud cases, but the Kenyan executive authorities simply ignored the order. My FOIA research so far documents discussion among the donors involved in the UNDP “basket fund” including the United States, whether to cooperate with a subsequent investigation by Kenya’s Ethics and Anti-Corruption Commission, but I do not know the outcome as I continue awaiting processing of remaining documents from my 2015 request to USAID.

In hindsight, I should have read more into the decision of my late friend Joel Barkan to stay home and “watch” that election from Washington. By 2017, the incumbent Kenyan government was clearly not committed to providing a level playing field and I stayed home myself. No incumbent Kenyan president has been found by a Kenyan election commission to have failed to “win” his re-election. The misfeasance on the technology for 2017 was blatant enough in that instance for the Supreme Court to annul the presidential vote, in spite of diplomatic and observer support for the announced outcome. The environment was too fraught with mistrust at that point to provide a mutually acceptable platform for a re-vote and Kenyatta was re-inaugurated after an opposition boycott.

Kenya’s political class is now focussed primarily on the 2022 campaign. The joint “Building Bridges Initiative” report released this month proposes that the remants of the Electoral Commission of Kenya from the 2017 vote be “bought out” and a new commission constituted, as was done following the problems in 2007 and 2013, but no action to implement this is yet pending.

In the meantime, much our policy in Somalia has been a variable secretive melange of counterterrorism, war and nation building with a sprinkling of democracy assistance. There is no Special Inspector General for the war in Somalia so we will not have created the kind of record that the Washington Post has been able to obtain on Afghanistan, but perhaps someday we will all know more. By May 2006 the Post did report: “U.S. Secretly Backing Warlords in Somalia” and by that December we secretly supported the Ethiopian military invasion to re-instate the Transitional Federal Government in Mogadishu.

Kalonzo-Kibaki deal and Kenya’s stolen 2007 election as explained by insider Joe Khamisi’s “Politics of Betrayal”

The Politics of Betrayal; Diary of a Kenyan Legislator by former journalist and MP Joe Khamisi was published early in 2011 and made a big stir in Nairobi with portions being serialized in The Nation.  Khamisi is definitely not your average politician in that he got a journalism degree from the University of Maryland, worked for years as a journalist, and became managing director of the Kenya Broadcasting Corporation and worked in the foreign service before being elected to parliament from Bahari on the Coast in 2002.

Khamisi was part of the LDP, the Liberal Democratic Party, and in 2007 became an ODM-K insider with Kalonzo.  While there is inherent subjectivity in a political memoir from one particular actor, Khamisi’s background in journalism serves him well.  While I cannot vouch for his accounts of specific incidents that I do not have any direct knowledge of, and I do not necessarily agree with his perspective on some things and people, he seems to try to be fair and there is much that he writes that rings true to me from my own interactions and observations in the 2007 campaign.

From his chapter on “The Final Moments” of the 2007 race, at page 223:

It needs to be said at this point that Kalonzo’s appointment as Vice President was neither an afterthought by Kibaki, nor a patriotic move by Kalonzo to save the country from chaos.  It was not a miracle either.  It was a deliberate, calculated, and planned affair meant to stop the ODM from winning the presidency.  It was conceived, discussed and sealed more than two months before the elections.  It was purely a strategic political move; a sort of pre-election pact between two major political players.  It was a survival technique meant to save Kibaki and Kalonzo from possible humiliation.

In our secret discussions with Kibaki, we did not go beyond the issue of the Vice Presidency and the need for an alliance between ODM-Kenya and PNU.  We, for example, did not discuss the elections themselves; the mechanisms to be used to stop Raila; nor did we discuss whether part of that mechanism was to be the manipulation of the elections.  It appeared though that PNU insiders had a far wider plan, and the plan, whatever it was, was executed with the full connivance of the ECK .  What happened at the KICC tallying centre–even without thinking about who won or lost–lack transparency and appeared to be a serious case of collusion involving the ECK and officials at the highest levels of government.  It was not a coincidence that the lights went off at the very crucial moment when the results were about to be announced; nor was it necessary for the para-military units to intervene in what was purely an administrative matter.  The entire performance of ECK Chairman Kivuitu and some of the Commissioners was also suspect and without doubt contributed to the violence that followed.

One of Kenya’s business tycoons has recently written an autobiography in which he tells of heroically returning early from a family vacation when he hears of the outbreak of post election violence and then hosting a dinner getting Kibaki and Kalonzo together leading to Kalonzo’s appointment as Vice President along with rest of Kibaki’s unilateral cabinet appointments in early January 2008 during the early stages of the violent post-election standoff. That version of the story does not make a lot of sense to me relative to what Joe Khamisi as an insider wrote and published back in 2011, years closer to the fateful events.

As I wrote early this year:

If you have not yet read Joe Khamisi’s Kenya: Looters and Grabbers; 54 Years of Corruption and Plunder by the Elite, 1963-2017 (Jodey Pres 2018) you must. It sets the stage in the colonial era and proceeds from independence like a jackhammer through scandal, after scandal after scandal upon scandal.

Read a great review by Tom Odhiambo of the University of Nairobi in the Daily Nation here.

Both of these books, and Khamisi’s other works are available at Jodeybooks.com.

What did the 2004 “Kroll Report”, leaked and published in 2007, say about Kenya’s drug running Akasha Family?

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

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

Kenya Kibera Post Election Violence Livondo Tosha Keep Peace

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

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

.  .  .

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

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

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

To be continued .  .  .  .

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

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

As Kenya turns: watch as the Chris Murungaru Anglo Leasing suit against John Githongo heads toward Supreme Court—“feeding the pig of corruption”

Kenya has had that one widely accepted successful presidential election out of six in the multiparty era following the end of the Cold War. The 2002 “Kibaki Tosha” “National Alliance Rainbow Coalition” election has remained the taproot of mythology about Kenyan democracy in the United States to this day, nearly seventeen years later.

The 2002 succession of Moi, with the young Uhuru Kenyatta left to wait his turn, serving as Leader of the Opposition, then Deputy Prime Minister during Kibaki’s two administrations, was supposed to have ushered in an actual spirit of multiparty competition and higher-minded, cleaner governance that was missing as long as Moi was still in State House himself even though he had grudgingly agreed to change the law for the 1992 election to allow non-KANU parties.

The pick up and continuation of the Anglo Leasing national security looting scheme in spite of the turnover from Moi to Kibaki contradicted the myth and was egregious enough to risk the support of State Department diplomats for Kibaki’s re-election. When I arrived in Kenya in mid-2007 I inherited democracy assistance programs that reflected U.S. disappointment in the Kibaki Administration’s corruption as reflected in the Anglo Leasing scandal, which had been sharply and publicly criticized by the previous U.S. Ambassador and British High Commissioner. But the programs had been established back under the previous Ambassador more than a year-and-a-half earlier.

By the eve of the 2007 election the worm had turned:

This is from my Freedom of Information Act Series on on the 2007 election:

Getting back to the narrative, I also remember Tuesday, December 18, 2007, the date that Ranneberger wrote the second of the cables that I received recently through a 2009 FOIA request.

That morning’s Standard featured a big, full page exclusive interview with Ambassador Ranneberger, nine days before the election.  For me this article was something of a benchmark in terms of my instructions to take “no more b.s.” from the Ambassador.  There are several reasons I found the article troubling, part related directly to the independence of  our IRI election observation mission, and part related to the Kenyan campaign itself,  in particular the corruption issue.  On corruption:

[From“Envoy Predicts Free and Fair Election”, The Standard,December 18, 2007–an interview with U.S. Ambassador Michael Ranneberger nine days before the Kenyan election]

Q: What are your views on corruption?

A:Lots of people look at Kenya and say lots of big cases have not been resolved because of Anglo Leasing and Goldenberg. I always point out that we have lots of corruption even in the US. These cases take a lot of time to bring to justice. We had the famous Enron case. It took over four years to resolve in a system that works efficiently, yet only a couple of people were convicted. These things take a long time.

There has been substantial effort to fight corruption in Kenya and the award the country won for Civil Service reform [from the World Bank] is a pointer to that effect. The fact that the Civil Service is more professional than ever before is progress as are the new procurement laws recently put in place and the freedom of the Press to investigate and expose corruption. More, of course, needs to be done.

The economy has grown by 7 per cent. How much of that has actually trickled down to the people will again be determined by time.

A career diplomat, Ranneberger has been in Kenya for close to one-and-a-half years, and has served in Europe, Latin America and Africa.

During previous days The Standard had been running new revelations about corruption in the Kibaki administration from documents from exiled former Permanent Secretary for Ethics and Governance  John Githongo. Rumor had it that Githongo wanted to be able to return to Kenya and might want to be able to return to government after the election, although I had no knowledge one way or the other about whether that was true. Githongo’s personal adventure trying to address corruption in the Kibaki administration is the subject of Michela Wrong’s It’s Our Turn to Eat. Wrong rightly noted in her book that stealing the election was the ultimate corruption.

Githongo had previously alleged that the Anglo Leasing scandal that Ranneberger referred to was intended to fund the campaign to re-elect Kibaki. See this from BBC News, January 26, 2006, “Kenya ‘safe’ for anti-graft czar”:

On Wednesday, the World Bank urged Kenya’s president to take tough action against any cabinet ministers found to be corrupt.

The warning came as the World Bank approved a new $25m loan to help fight corruption – a decision slammed by former UK Kenya envoy Sir Edward Clay.

Sir Edward, who has condemned Kenya for not tackling graft, said the new loan would feed the “pig of corruption”.

‘Insensitive’

”The Anglo-Leasing cases represent an excellent opportunity for the authorities to invoke the disciplinary provisions of the code of conduct signed by the new cabinet weeks ago,” said World Bank Kenya director Colin Bruce.

“I believe that this is an historic moment for the government to signal where it stands on the issue of political accountability,” he said.

President Kibaki is under increasing pressure over corruptionPresident Kibaki was elected in 2002 on a pledge to fight corruption.

Some donors, including the UK, have suspended some aid to Kenya over concerns about corruption and Sir Edward, who retired last year, thought the World Bank should have sent out a tough message.“How can the World Bank be so insensitive and hapless to announce new loans to Kenya?” reports the Guardian newspaper.

“They have added insult to injury by feeding the pig of corruption in Kenya when many Kenyans were beginning to hope they might smell the bacon beginning to fry.”

Over the weekend, Mr Githongo’s leaked report said his attempts to investigate the Anglo-Leasing scandal were blocked by four top ministers – Vice-President Moody Awori, Energy Minister Kiraitu Murungi, Finance Minister David Mwiraria and sacked Transport Minister Chris Murungaru.

Mr Murungi and Mr Awori have publicly denied the claims.

Mr Murungi said the report was “untrue” and an attempt to bring down the government.

Mr Githongo resigned last year amid reports that his life had been threatened.

The money raised by the alleged scam was to be used to fund the ruling Narc coalition’s campaign in elections due next year, Mr Githongo said.

Following the leaking of the 31-page report, the opposition has urged President Kibaki to dissolve cabinet.

Opposition Orange Democratic Movement leader Uhuru Kenyatta said: “This is clear evidence that the government can no longer be trusted to conduct detailed and honest investigations into this saga.”

Other diplomats were maintaining effective “radio silence” in the sensitive closing days of the 2007 campaign, while Ranneberger was speaking out to defend the Kibaki administration’s corruption record. In the meantime, after my December 15 experience at the Embassy residence I was quietly preparing the new last-minute pre-election Langata survey, along with all the other work for the exit poll and Election Observation Mission.

After reading the Standard article, I e-mailed my local USAID officer on the Election Observation and Exit Poll to complain, noting my opinion about the article and where things seemed to be going in regard to my obligation to supervise an objective and independent Observation Mission and the Ambassador’s alternative approach.

Part One;   Part Two;    Part Three;    Part Four;    Part Six;    Part Seven;   Part Eight Part Nine Part Ten

So by December 2007, we had the U.S. Ambassador having pivoted to the role of offering apologetics for Anglo Leasing in the context of Kibaki’s re-election.

At some point after the election debacle I was asked to submit to my Washington office names for IRI to send to an international women’s leadership event and we passed along a current MP and Njoki N’dungu who had an NGO and who had been a member of the Ninth Parliament from 2002-2007. Shortly afterward I was informed by a diplomatic source that N’dungu was “closely connected” to Chris Murungaru of the Anglo Leasing matter. Reporting to Washington it was agreed that the invitation would not have been made had we realized this problem in time.

Today, Uhuru Kenyatta is in his sixth year as president and has in effect adopted Anglo Leasing by paying out more millions on the bogus procurements over the years while notional prosecutions languish. Githongo continues to be subject to nasty tribalist attacks from jingoists for revealing admitted truths that were embarrassing to purported tribal leaders, including from one pundit who may have received some Western support in 2013 while pushing his tribal election theories to demonstrate that the opposition could not compete with UhuRuto.

Today, corruption is worse–no surprise there– but the World Bank is stepping in again, with $75M. The local World Bank Director Colin Bruce was right back when the Anglo Leasing scandal broke that it was “an historic moment for the government to signal where it stands on the issue of political accountability”. The Government of Kenya was quite clear and remains so–it is Kenya’s donors that have twisted and contorted to avoid hearing.

Today, Githongo has a new personal judgment against him for defamation for the leaked publication of his work as Permanent Secretary in trying to “stop these thieves” and protect the Kenyan government and public from looting and insecurity. He is appealing and Kenyans are raising funds to support the appeal.

Today, N’dungu is Justice on the Supreme Court. (She will need to recuse herself from any involvement in the Murungaru versus Githongo matter.)

I have to shake my head in remembering the window back about a decade ago when the U.S. and other Western donors were vocally backing what we called “the reform agenda” and USAID even got involved in supporting the National Council of Churches of Kenya in using the Michela Wrong book, It’s Our Turn to Eat, to teach against corruption.

Now we have a new Ambassador, the fourth since Anglo Leasing broke to the public. As I have written I have a sense that he wants to help change the dynamic on corruption in Kenya. He can make progress if he makes the sacrifices necessary but he does have to realize it will be much harder than it would have been back in 2007 or at so many other turning points in the past and that pushback will come from places other than Kenya.

Update: be sure to read Rasna Warah’s “In Whose Interest? Reflecting on the High Court Ruling Against John Githongo” in The Elephant’s East African Review.

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.

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?


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.

So who “went native”? The Ex-Ambassadors’ greatest hit: “Sweet Home Kenya” [updated]

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.

My memory was most recently jogged in seeing that James Swan, a distinguished diplomat who served as Deputy Assistant Secretary of State for African Affairs and signed off on some of the materials related to the 2007-08 Kenyan election controversy that I have obtained through FOIA and written about here over the years, has retired to a Nairobi post with the Albright Stonebridge Group business/investment advisory. (Albright Stonebright Group offers “commercial diplomacy” and advisory services and owns a substantial part of the equity of Albright Capital Management which in turn runs private equity funds out of the Cayman Islands which have investments in other funds and businesses with interests in Kenya, the Democratic Republic of Congo and other countries in the region. The Albright is former Secretary of State Madeleine, the NDI chair.)

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.

Another famous case showing the “flipside” is British High Commissioner Edward Clay who complained of the milder-than-now corruption in 2004 that senior officials of Kibaki’s first Administration were eating as “gluttons” and “vomiting on [the] shoes” of donors who had stepped up to attempt to alleviate poverty and sickness among Kenyans. After his term ended in 2005 he continued to speak of corruption and was informed by then Kibaki Justice Minister Martha Karua during a BBC appearance during the early 2008 Post Election Violence in the wake of the stolen election that he had been declared persona non grata and banned from returning by the Government of Kenya in retaliation.

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.]