Unnamed Kenyan officials figure in UN bribery charges involving “Chinese Security Company” seeking business with Kenya’s Interior Ministry

Kenya EACC

The criminal complaint unsealed yesterday by the U.S. Attorney for the Southern District of New York of six individuals, including John Ashe, the former President of the U.N..General Assembly, and five others involved in a bribery and money laundering scheme to illegally advance the fortunes of Chinese-based business interests, includes a section entitled “YAN and PAIO Arrange Additional Payments to Ashe in Exchange for Official Acts on Behalf of a Chinese Security Company”.  [See pages 26-30]

The “official acts” alleged involved Ashe acting on behalf of the unnamed “Chinese Security Company” as a go-between with unnamed “Kenyan Officials” to facilitate the pursuit of Kenyan Interior Ministry procurement.

Black Star News in New York also raises separate past but unanswered corruption questions involving Uganda’s Foreign Minister Kutesa who succeeded Ashe at the General Assembly presidency.

Update: Nairobi’s Business Daily has picked up the story.

American diplomatic perspective on Obama’s Kenya visit, and a few personal thoughts (updated)

Johnnie Carson and Mark Bellamy have a very well done op-ed up in the New York Times on “Obama’s chance to revisit Kenya“.  In case you missed it, I would recommend it as the most worthwhile commentary I have seen in the U.S.-based news media on the presidential trip this week.

I hope the visit goes well and accomplishes something worthwhile for both countries.  The topic of entrepreneurship is certainly an important one for Kenya, where most people do not have employment. [The director for human development of the African Development Bank cites a 80% unemplyment rate for Kenyans under age 35 in support of a loan of $62M to the Government of Kenya to support training for 3000 youth in “technical vocational education” that will “play an important role in supporting the emerging oil, gas and mining industry.” ]

The first U.S. presidential visit to Kenya will unavoidably be a major boost politically for Uhuru Kenyatta and his administration by its nature and will be a boon for the Kenyan president’s elite friends and cronies in other political/business roles in Nairobi.  I am not sure how important a “global summit” of this type is for entrepreneurship as such, but I will try to accentuate the positive in this regard by looking at the trip as a diplomatic endeavor with potential side benefits.

One small thing that I do think should be said:  I hope that before getting to Kenya President Obama will have apologized to former Ambassador Gration for letting him get “run up the flagpole” over doing State Department business on a private email account in light of subsequent news on this topic within the State Department. General Gration did important service to Senator Obama as his military escort on his last trip to Kenya in 2006 and in speaking out about the “birther” and related personal smears as I have previously written (“Gration spoke out on Obama/Odinga “smears” in 2008 campaign” August 16, 2010).  The Ambassador serves at the pleasure of the president and I don’t question the President’s prerogative to change his mind about a political appointment, but in hindsight this should have been handled differently.

On the security front, please read “Ahead of Obama Visit, Kenya Seeks to Show Security Threats Are Under Control” in the Wall Street Journal:

The government’s push to move beyond its security challenges is one of the problems, said Andrew Franklin, a former U.S. Marine who runs a security consultancy .  .  . “Nobody is interested in getting to grips with the situation,” Mr. Franklin said.  “What the government of Kenya is refusing to accept is that we have a genuine insurgency going on.”
He argued that an attack in April at a university in the eastern town of Garissa showed just how little the Kenyan security forces had learned.  Al-Shabaab killed 147 people in an assault that wasn’t put down until late in the day because of delays flying an elite unit out to fight the militants.
“They had all day to kill students,” Mr. Franklin said.
But Mr. Kenyatta’s message that it was time to move on appeared to be gaining the upper hand with Nairobi residents pouring into the Westgate mall over the weekend. . . .

For a great panel discussion of the trip to Kenya and Ethiopia from the perspective of U.S. foreign policy, see the audio or visual from last week’s program at CSIS, “Policy Issues in Kenya and Ethiopia Ahead of President Obama’s Trip.”  The panel included Ambassador Mark Bellamy, Terrence Lyons of George Mason University, Sarah Prey of the Open Society Foundations and EJ Hogendoorn of the International Crisis Group.

Update: Make sure to also see the letter to President Obama from 14 U.S. experts on East Africa released by Human Rights Watch Tuesday.  Signers include Ambassador Bellamy, senior scholars John Harbeson and David Throup and many of the younger generation of policy and civil society leaders in Washington who will be familiar to Americans engaged on American policy in and on Kenya.

My Memorial Day post: If a President Al Gore had invaded Iraq in 2003 with the support of Sen. Hillary Clinton . . .

all the current GOP presidential candidates would agree now that it was a foolish act of hubris given that the administration had in hindsight clearly been shown to have simply not known what they were doing.

I am not now nor have I even been a member of the Democratic party.  I worked in the defense industry throughout the whole bloody course of the Iraq war.  I even voted for George W Bush that first time in 2000 even though I knew deep down he had very thin, maybe too thin, experience on foreign and national security policy.  (In my defense I will say that I don’t think I should have been expected to know how strongly opposed many of his most senior advisers and subsequent appointees would turn out to be to the values he expressed in seeking our votes in his campaign that year.)

I certainly did not wish him to fail, nor did I wish the harm experienced by my country or by Iraq and its region from that decision but I cannot pretend it away.  It seems to me to be deeply misconceived for citizens of a democratic republic to create an “identity politics” around the competition of parties to the point of transcending a larger patriotism, moral and spiritual values, even the ability to observe and process basic facts.  Over 4000 Americans and over 100000 Iraqi civilians were killed in the Iraq war and the pre-ISIS aftermath and no one who wants to be the “leader of the free world” can plausibly duck an assessment of this war, of our choice, because of the identify of the party of the Commander in Chief at the time.

Part of the reason I took leave from my job and moved my family to East Africa in 2007 to work on democracy assistance is that I had seen how badly we were screwing up our relationships in the world by having embraced a doctrine of “preemptive war” that traditionally might have been seen as unworthy of our national ethos by both “hawks” and “doves” of other generations.  And how our biggest democracy assistance program, by far, was going in Iraq were it was in many respects too late in the wake of the invasion, as opposed to places like Kenya and Somaliland that were not at war where we had a bona fide opportunity to make a positive contribution.  The suspicions and damaged credibility of our country made the work more challenging even among those inclined to a positive view of our aspirations.

Other than the “moral injury” to our country as a whole, the Iraq war did me no personal harm–my taxes didn’t go up so my kids presumably get stuck with the bill, although it might cramp my Social Security and Medicare down the road.  I worked primarily in Navy shipbuilding, on which going to war or not going to war had relatively little business impact; we didn’t build more or less ships than we would have if we had not gone into Iraq from 2003-11.  Before we launched the invasion I was convinced by a senior friend in the industry who had been a naval officer that the sectarian situation in Iraq was beyond our grasp and I did not see the decision to launch the war as anything other than a huge risk that would have been warranted only by an extreme immediate threat which the Iraqi regime simply did not pose by any reasoned assessment.

But here at home now my dry cleaner is an Iraqi Christian.  Before we invaded, he was a medical doctor, a specialist, in his country, as was his wife.  He runs the cleaners himself six days a week, but will be closed and with his family for Memorial Day.  I’ll think of him with gratitude that he was able to get here and for the relative safety and freedom he has here, but with sadness that we elected to reach for the war hammer rather than have the patience to continue to turn the diplomatic screw in 2003 and in so doing upended his life, that of his family and community and his country.  (See Waiting for An Ordinary Day: The Unraveling of Life in Iraq by Wall Street Journal reporter Farnaz Fassihi, excerpted here.  A must read, to accompany all the war and political reporting, on life for middle class Iraqis following the invasion, for those who want to learn from the war.)

I will mourn those Americans who gave their lives for the endeavor, especially those young people who volunteered out of patriotism to protect our country in the wake of the 9-11 attacks.  The rest of us collectively let them down and the very least that is required of us now is to learn from their sacrifice and do better together whatever our preferences of party or domestic ideology.

I will also be thinking with gratitude of my uncle who volunteered for the Navy in World War II as a 17 year old on the family farm after Pearl Harbor, made it home from the Pacific and is still with us at 90.  He he told me years ago that he did not believe we had any business taking it on ourselves to invade Iraq to change the regime without the support of the United Nations that we created with our allies in the wake of that war that he and his “greatest generation” fought at high but shared cost.  And his grandson, serving in the Air Force now, with his own young son.  Let us use his service wisely, with a judicious and open debate over what we ask him to do for us, being honest enough with ourselves to learn from the experiences that have cost the lives of others.
 

 

 

Again: Is Uhuru on his way to being the next East African authoritarian American darling?

Is Uhuru on his way to being the next East African authoritarian American darling? [originally I asked in April 2013; we are moving that much more quickly along the path with Secretary Kerry’s current visit ahead of Obama in July, as further allegedly necessitated by the Uhuruto administration’s conspicuous incompetence on “security”]

Why the U.S. got started training the Kenya Police Service: 1977 Embassy cable 

R 041148Z MAR 77
FM AMEMBASSY NAIROBI
TO SECSTATE WASHDC 6574
INFO DA WASHDC//DAMO-SSA//
CDRTRADOC FT MONROE VA//ATTNG-PRD-SA-T//
USCINCEUR VAIHINGEN GERMANY//ECJ4/7-SARA-T//
CDRUSA CRIME LAB FT GORDON GA

C O N F I D E N T I A L NAIROBI 2870 {declassified, released 2009}

E.O. 11652: GDS
TAGS: MASS, PINT, KE
SUBJECT: FIREARMS IDENTIFICATION TRAINING FOR KENYA POLICE
REF: (A) STATE 017363, (B) 76 NAIROBI 13349,(C) DSAA 4058/76 282216Z DEC 76

1. IN REPLY TO JUSTIFICATION REQUESTED IN REFTEL A, EMBASSY
SUBMITS FOLLOWING:

2. PURPOSE OF PROPOSED TRAINING:

A. ENABLE GOK POLICE PERSONNEL TO QUALIFY AS EXPERTS IN
COURT TESTIMONY REGARDING BALLISTICS AND FIREARMS EXAMINATION.

B. TO IDENTIFY WEAPONS USED IN CRIMINAL AND TERRORIST
ACTIVITY BY TYPE, MODEL AND INDIVIDUAL WEAPON USING SCIENTIFIC
TECHNIQUES FOR COMPARISON AND EVALUATION.

C. TO ESTABLISH FROM EXISTING EVIDENCE THE OWNERSHIP AND
ORIGIN OF THESE WEAPONS.

3. USEFULNESS TO GOK:

A. COUNTER-GUERRILLA AND BANDIT OPERATIONS. PRIMARILY
IN NORTHERN PROVINCES DIRECTED AGAINST INFILTRATION
OF SOMALI SHIFTA GUERRILLAS. THESE OPERATIONS TO DATE HAVE
BEEN CONDUCTED BY THE KENYAN ARMY AND THE KENYA POLICE,
PARA-MILITARY GENERAL SERVICES UNIT (GSU). THEY ARE CONDUCTED
AS POLICE OPERATIONS REQUIRING ALL UNITS INVOLVED
TO RESTRICT THEIR ACTIVITIES TO THOSE OF LAW ENFORCEMENT.
THE SERVICES OF A COMPETENT FIREARMS EXAMINER WOULD BE
EXTREMELY VALUABLE TO THE GOK FROM THE STANDPOINT OF INITIAL
IDENTIFICATION OF THE TYPE AND ORIGIN OF WEAPONS USED AND
ALSO AS AN EXPERT WITNESS AT SUBSEQUENT COURT PROCEEDINGS.

B. CONVENTIONAL CRIMINAL ACTIVITY, TERRORISM. GOK
SOURCES ESTIMATE THAT THE NUMBER OF CONVENTIONAL CRIMES
(MURDER, ROBBERY, ETC.) INVOLVING THE USE OF A FIREARM HAVE
INCREASED APPROXIMATELY 50 PERCENT IN THE LAST FIVE YEARS.
POACHING IN THE NATIONAL PARKS REMAINS A SERIOUS PROBLEM WITH
POSSIBLE LONG TERM DAMAGE TO THE TOURIST INDUSTRY. KENYA MUST BE
CONSIDERED AN AREA OF POSSIBLE TERRORIST ACTIVITY BECAUSE
OF THE POLITICAL ORIENTATION AND MILITANCY OF HER NEIGHBORS.
A TRAINED FIREARMS AND BALLISTICS EXPERT WOULD BE A KEY
PERSON IN THE INVESTIGATION AND PROSECUTION OF ANY CASES
INVOLVING THE ABOVE TYPE OF ACTIVITY.

4. AS MENTIONED REFTEL B, THE KENYA POLICE, IN ADDITION TO
THE ARMED FORCES WITH FORENSIC LABORATORY SERVICES. THE
KENYA POLICE HAVE ADVISED THAT THE INDIVIDUALS INVOLVED
IN PROPOSED TRAINING COULD BE SECONDED TO THE KENYA ARMY
IF NECESSARY TO OVERCOME OBJECTIONS RAISED IN REFTEL C.
THE KENYA POLICE IS UNDER THE DIRECT CONTROL OF THE OFFICE
OF THE PRESIDENT.

5. DIRECT USG INTERESTS: Continue reading

Kenya’s security failure – Paul Hidalgo, John Githongo and Robert F. Kennedy Human Rights on “Corruption, Injustice, Abuse”

In Foreign Affairs, Paul Hidalgo explains “Kenya’s Own Worst Enemy; Al Shabab Isn’t the Real Problem“:

Corruption, injustice, abuse, disillusionment, marginalization, and radicalization are the legacies of years of misguided policies in Kenya. After an al Shabab rampage in Garissa earlier this month left over 140 university students dead, these issues are impossible to ignore. If Nairobi continues to refuse to address them or fails to do so, the already troubled East African country will soon become even more unstable.

The radical Islamist group al Shabab is responsible for the series of terrorist attacks that have rocked Kenya in past few years. But the reality is that al Shabab is a shadow of what it once was. The al Qaeda-linked group has been pushed out of all major cities in Somalia and cut off from its financial lifelines. Its leaders have been decimated by drone attacks, internal strife, and defections. And that is why the group’s ability to easily attack within Kenya is so puzzling. For their part, Kenyan leaders have long contended that entities outside the government, namely Somalia-based fighters and the country’s minority Muslim population, are to blame. But the truth is that the main culprits are the culture and policies of the government itself.

Take, for example, Kenya’s security services, which are acknowledged as the most corrupt institution in one of the most corrupt countries in the world. . . .

Corruption might clear the way for attacks, but incompetence turns tragedies into national disasters. .  .  .

The security forces’ well-documented history of abuse, discrimination, and heavy handedness is directly connected to radicalization. . . .

Instead of trying to tackle all these issues, Kenyan leaders have fallen back on their usual responses: attacking easy targets and pursuing knee-jerk policies. As before, these simply make matters worse. . . .

.  .  .  .

Pressure is mounting for Kenyatta to enact serious reforms, and his recent admission that there were security failures at Garissa may signal that things are shifting. But Kenyans shouldn’t hold their breaths. Nairobi has proven time and again that it is incapable of or unwilling to make difficult reforms. It may end up that civilians will be forced to take to the streets in a major way to push the government to action, or take matters into their own hands, such as the pledge from the country’s top Muslim organization to root out radical clerics from mosques. However it plays out, the longer Kenya waits to address its problems in some fashion, the more innocents will die and the more dysfunctional the state will become.

John Githongo on Garissa: Kenya’s corrupt chickens have come home to roost,” from Kingsley Kipury and Simon Allison in Daily Maverick:

.  .  .  .
Githongo’s main argument is that corruption has prevented Kenya from establishing an even remotely effective security sector, leaving it vulnerable to Al-Shabaab-style attacks. “Kenya has had a problem with terrorism for some time, and recognised the need for much improved equipment and technology for our security service to be able to deal with it. However national security is the last refuge of the corrupt, and there are those in government who decided that those are the contracts we are going to make money from. And in the pushing and the shoving and the disagreements and squabbling of people fighting for their cut, and things stopping and starting, goods being delivered half-baked or not at all, Kenya lost a tremendous opportunity to establish a very solid framework for defending itself against terrorism,” he said.

That’s the first problem. The second is the culture of corruption, engendered by the country’s political elite, which means that, for often trifling sums, individuals at all levels of the state are willing to turn a blind eye to threatening activity. “When people lower down the ladder in the security services, whether it’s in the police, immigration, intelligence, the military, when they see them [their superiors] steal from large scale security contracts, they then start perpetrating corruption lower down the ladder. That becomes a problem that becomes pervasive, and it is exemplified most starkly by the ease with which it would apparently seem possible for terrorists to be able to cross through our porous borders by paying small amounts of money to junior officials,” Githongo said.

For Githongo, it’s impossible to separate the current insecurity in Kenya from its history of corruption. “I think it’s definitely a case of chickens coming home to roost, vis-à-vis Anglo Leasing. If we had properly executed those contracts starting from around 2001 into 2004, we definitely wouldn’t be having the kind of problems we have right now, or at least they wouldn’t be at the scale they are at now.”

Crucially, however, corruption is not just history. According to the latest Corruption Perceptions Index, corruption in Kenya has worsened since President Uhuru Kenyatta came to power. Kenya is currently ranked 145th in the world for corruption, only just above the Central African Republic and nine spots below Nigeria.

In this context, it’s hardly surprising that Githongo reserves some of his strongest criticism for the current administration of Kenyatta. “This is the most corrupt administration since the [Daniel arap] Moi administration, if not more corrupt. . . .

Robert F. Kennedy Human Rights Condemns Listing of Human Rights Groups as Terrorist Organizations in Kenya:

Robert F. Kennedy Human Rights is deeply concerned over the most recent steps taken by the Kenyan government to further restrict the legitimate activities of domestic civil society organizations, under the stated auspices of countering terrorism. Earlier this week, alongside terrorist groups like ISIS, al-Qaeda, al-Shabaab, and Boko Haram, Kenya’s Inspector General of Police listed several notable human rights groups to be declared “Terrorist Organizations,” froze their bank accounts, and gave them 24 hours to clarify why they should not be designated.

“Governments have a real responsibility to meet the threat of terrorism and protect the welfare of their citizens, and civil society groups are indispensable to achieving these ends,” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “The Kenyan government has gone too far by including human rights groups in a list of possible terrorist organizations. President Kenyatta and the relevant authorities should take immediate and transparent steps to remove these human rights groups from this list.”

. . . .

Now to that next step: evaluating the Kenya Defense Forces role in Somalia and Kenya’s security needs

Andrew J. Franklin’s “Terrorism and the rising cost of Kenya’s war in Somalia,” in The Standard gives a perspective on cost and “mission creep” since the original Operation Linda Nichi incursion of October 2011.  Take time to read his assessment that over the course of what is best understood as a war rather than participation in a “peacekeeping mission” Kenya has come to face an insurgency in the border counties that now poses an existential threat to the county such that the priority for Kenyan security needs to be a focus by the KDF on a comprehensive border security initiative and finally implementing the critical domestic security reforms set out in the law since 2010.

Do not forget my post of last July highlighting the reporting of Amb. George Ward at the Institute for Defense Analyses: “Kenya Defense Forces essentially collaborating with Al Shabaab in illegal charcoal exports.”  And from October 2013: “Kenya’s persistent national security corruption continues to burden Somali endeavors.”

Kenyan political leaders had unsuccessfully sought U.S. support for an operation to secure a “Jubaland” buffer region long before the October 2011 action.  There were probably a variety of motives to proceed when Linda Nichi went forward, some of which related to security and some of which related to various opportunities and schemes of a more “commercial” nature.

Without a coalition government in place as there was in 2011, President Kenyatta has the power and the accountable responsibility as Commander in Chief to articulate the mission of the KDF and the strategy to be employed, now.  Kenyans are clearly less safe than they were three-and-a-half years ago, so continuing to pursue a muddled mission without an obvious strategy seems quite dangerous.

Kenyans going for water

Kenyans going for water

Who needs “resources” to be cursed by corruption? Kenya falls below Nigeria on 2014 Transparency International index

In the 2014 Transparency International Corruption Perception Index released this week, Kenya tied for 145th worst out of 174 countries, with a score of 25 out of a possible 100, down from 27 in 2013 and 2014.  Nigeria received a 27.

According to the East African Bribery Index for 2014 released by Transparency International in Nairobi, for Kenya, as reported by The Standard, “Police service highest receiver of bribes shows report”:

.  .  .  .
On the probability of actual payment of a bribe when interacting with a sector, the police service was ranked first at 71.1 per cent. The tax service department was second at 31.4 per cent followed by the county administration at 25.9 per cent.
On the national share of the “national bribe”, the police service received the biggest share and almost accounted for almost half of all the bribes paid at 43.5 per cent. The land service department was second at 11.9 per cent followed by the Judiciary at 11.6 per cent.
“Majority of those who interacted with NPS felt if they had not given bribe, they would not have received the services. Twenty-seven per cent of those interacting with Lands services and 26.2 per cent with the Judiciary held the same view,” the report said.
It also emerged that 94 per cent of Kenyans do not report any bribery incident to any authority since majority say they do not know where to report. Others believed no action would be taken towards resolving their complaint.
The report described the current state of corruption in the country as high, with 54 per cent of the people saying corruption had increased within the last 12 months.
Friday’s “Big Story” in the Business Daily reports “Police Chiefs Used Secret Account to Steal Sh2.8bn from taxpayers around the time of the 2013 election.  Before the latest massacre in Mandera, the Kenyan media was starting to pay real attention to the latest #Chickengate scandal involving bribes at the Independent Electoral and Boundary Commission (IEBC) after Britain’s Serious Fraud Office brought the bribe payers to public trial over corruption in the contracts to print ballots. (No new news on the other IEBC procurement fraud cases involving the various technology purchases that have been outstanding since directed by the Supreme Court in April 2013.)
 But, not to worry:

Uganda: “bursting at the seams” says State OIG inspection

The State Department Office of the Inspector General released this afternoon its latest regular inspection report for the U.S. Embassy in Uganda. The Kampala mission, the second largest in Sub-Saharan Africa, gets good marks, but is facing critical physical space problems from ongoing and expected growth–“bursting at the seams”. More of general interest, how does the IG summarize the context of the mission of the United States in Uganda? Here you are:

Uganda has experienced nearly three decades of domestic stability, except in northern areas. President Museveni’s National Resistance Movement took power in 1986. Irregularities marred his reelection in 2011, and he is expected to run again in 2016. Uganda has never experienced a peaceful transition of political power, and civil society does not effectively hold government accountable. Uganda’s record on democracy, human rights, and anticorruption is poor, but it has become an important force for regional stability in East Africa. It contributes to the African Union Mission in Somalia, leads regional efforts against the Lord’s Resistance Army, and has mediated talks between the Democratic Republic of the Congo and the M23 rebels.
The passage of Uganda’s Anti-Homosexuality Act in early 2014 prompted Washington to reassess the bilateral relationship, including U.S. foreign assistance, which was taking place during the inspection. Bilateral security cooperation has included peacekeeping training for Ugandan forces in Somalia and Ugandan support for the 2013 evacuation of U.S. diplomats from South Sudan.
Economic growth over the past decade has averaged 6 to 7 percent, with inflation in the single digits, and the percentage of the population in poverty dropped by half. Uganda’s population is projected to grow from 35 million to more than 60 million over the next 20 years, threatening to erode and even reverse development progress. The economy provides one job for every 40 new entrants to the job market. By the end of this decade, Uganda may be an oil- producing country, which would significantly raise government revenue but could also exacerbate corruption. U.S. exports to Uganda in 2012 totaled $100 million, half of which consisted of aircraft and machinery.
HIV/AIDS prevalence rates declined in the early 1990s to less than 7 percent, one of the lowest rates in Africa, but has begun to rise again. The U.S. Agency for International Development’s (USAID) FY 2013 assistance budget for Uganda was $67.5 million for development, $11 million for Food for Peace, and $84.95 million for the Global Health Initiative. The Department of State (Department) also provided $316.14 million for the Global Health Initiative, $190,000 in foreign military financing, and $522,000 in international military engagement and training. International narcotics control and law enforcement funding of $600,000 went directly to Uganda.
With 712 employees, the embassy is the second largest in Sub-Saharan Africa and includes 147 U.S. direct hires compared to 91 in 2007. Other departments and agencies represented in the embassy include USAID, the U.S. Department of Defense (DOD), the Centers for Disease Control and Prevention (CDC), the Federal Aviation Administration, the U.S. Department of the Treasury, and the Peace Corps. The embassy chancery accommodates all employees and has annexes in Gulu (CDC) and Entebbe (CDC and DOD), which are 7 hours away and 90 minutes away, respectively, by vehicle. In addition, the general services office and warehouse facility is located 6 kilometers from the embassy compound, and it has more desks than some smaller embassies in Africa.

Mpeketoni: Terrorism and Politics as Ususal

Muthoni Wanyeki’s column this week in the East African strikes me as hitting exactly the right point:  “Mpeketoni: Get on with finding out who and why”.  Take time to read it.

The Jubilee Government was in a tizzy about stopping Raila Odinga from leading opposition CORD rallies around the country before the Mpeketoni attacks just over a week ago.  The attacks then became the focus of attention for Kenyans and the Kenyan media, with Uhuru Kenyatta deflecting things back to Raila and CORD by as much as accusing them of undertaking the attacks and explicitly denying a role for Al Shabaab.

Any reasonable observer recognizes that the Mpeketoni attacks in a sensitive area very near the border have less ambiguity about them as an incidence of terrorism than most of the individual bombings routinely attributed to Al Shabaab in Nairobi or even the Westgate attack last year. Yes, the methodological details vary–as they did in each of these from the previous Al Shabaab World Cup attack in Kampala.  Here is former Marine and security expert Andrew Franklin, who has written here previously, discussing Al Shabaab and Mpeketoni, along with unfulfilled security reform, on KTN.

With the victims largely now out of sight and out of mind in the hinterlands the media has moved on to the incessant tribal politics that makes for easy punditry in lieu of actual investigation and in-depth reporting.

I have never been a big fan of rallies in Kenyan politics–not in 2007 campaign when I was trying to help support a better process, not in 2011-12 when they were used to try to stop the ICC, and again, not in the 2013 campaign.  Nonetheless, I am pretty well inured to the fact that the usual suspects in Kenyan politics, on whatever side they happen to be at any given time, use these rallies as a primary means to connect directly to their supporters and to get national media for their messages.  I wish Kenya’s politics was a little more creative, but then, the political class as it exits always wins, so I guess they don’t feel a lot of incentive to change.  Regardless, the rallies are not in and of themselves generally dangerous except to the extent the security forces are engaged to make them so.

Tribal animosities were clearly more raw and pervasive in the spring of 2013 when I was in Nairobi for the election than they were when I left in May 2008 during the immediate post-election period.  It appears that the last year has not seen marked improvement.  An obvious reason why all this should be expected is that the parts of the February 28, 2008 election peace deal that were to address the underlying issues have not been implemented and the politics of 2011-2013 were so explicitly tribal.

Why haven’t they been implemented?  One reason is that the February 28, 2008 deal was made by Kibaki and Raila with Kofi Annan after the larger mediation process between PNU and ODM broke down.  PNU was a coalition of parties and not all of them ever supported the deal from the inception.  Uhuru Kenyatta’s KANU being one such at the time.  Raila and Kibaki cooperated to support the passage of the new constitution in 2010, but the Truth, Justice and Reconciliation Commission plodded along on the backburner.  The biggest single thing to galvanize government attention during the remainder of Kibaki’s second term was the fight to block the ICC, and, of course, Raila was running for president again, along with Saitoti and Uhuru and some others.  By the time the TJRC report was finalized, the new State House was not prepared to accept it as written.

Rallies will come, and rallies will go.  The question is whether the long term work of protecting Kenyans from the persistent threat of terrorism and the long term work of “tribal” reconciliation will be taken up or yet again deferred for some future generation.

Uhuru Park March 3, 2013

After the Rally  (Uhuru Park)