The New York Times on Kenya: working through my reaction to the mess they have made on the photograph of terror victims at a time of grief

1. I cannot and have not defended New York Times’ use of the particular photograph of 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.

A Chaotic Kenya Vote and a Secret US Exit Poll in New York Times

Friday Lizard Blogging

Enough democracy and elections for this week.  

If Kenyan Election Commission leader Roselyne Akombe’s loud public whistle was not enough to get the Western democracies to back off the “happy talk” about Kenya’s “fresh election” preparation [as the Chris Msando murder was not in July and August] then there is nothing more to say.  

It is worth remembering that when USAID solicited proposals for the Kenya Electoral Assistance Program 2017, it required IFES and the others to include an alternative plan for an election pushed back several months.  This is hard now, but Kenyans and their partners can give themselves a break here if there is enough good will and sobriety lurking somewhere beneath the surface.  And if not, then safer not to pretend.

Veterans Day–America and Africa

Happy Veterans Day to my friends and readers in and around the Armed Services.

I always think on these occasions especially of my Uncle Gid and late Uncle Elvin who went off to fight in World War II as farm boys. And my grandfather’s older brothers who fought in Europe in World War I, through that eleventh hour of the eleventh day of the eleventh month, even though their father was a German immigrant (of more than 40 years in Kansas by then) who wondered whether his neighbors would let him continue to live in the area with the country at war.

At my AfriCommons Flickr account I have started a small gallery for photos of Kenyans serving in the U.S. military. The first image below is the only one that has a Creative Commons license for me to repost here. The second image is just for entertainment.

Cleaning Up for Veterans Day

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SANTA BARBARA, Calif. (Nov. 13, 2011) Logistics Specialist 3rd Class Julius Okeyo, originally of Kenya, reaches for a small bit of debris during the community beach clean-up conducted by the crew of USS MILIUS (DDG 69). The Arleigh Burke-class Aegis guided missile destroyer was invited to the coastal city to participate in a weekend filled with community events including marching in the Veteran’s Day Parade, a hospital visit and ship tours for the public. (U.S. Navy photo by Mass Communication Specialist 1st Class Kim McLendon)

“Marines Support Shared Accord in South Africa”

Marines support Shared Accord in South Africa

Basil Mills, a wildlife conservation expert, shows Marines from 4th Law Enforcement Battalion various reptiles and wild life they might encounter in the South African wildness, where they will stay for the length of Exercise Shared Accord 13. Marines from 4th Law Enforcement Battalion supported Exercise Shared Accord 13, a multilateral training engagement with more than 700 servicemembers from the U.S. Marines, Army, Navy, and Air Force along with more than 3,000 South African National Defense Force counterparts in Port Elizabeth, South Africa, from July 24 – Aug. 7. (U.S. Army Africa photo)

Kenya’s Kibera slum overflows with street art — latimes.com–Solo 7

Kenya’s Kibera slum overflows with street art — latimes.com

Feature on Solomon Munyundo, a.k.a Solo 7

Solo 7 — Toi Market

Solo 7–Kibera