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)

 

As tourism yields to terrorism, Kenyan government moves to pay Anglo Leasing “ghost companies” for security deals that never materialized, to clear way for more borrowing

Yesterday it was two explosions in the Nairobi’s crowded Gikomba market, one reportedly on a bus and another in a stall. Perhaps a dozen killed and 70 injured.

Two British companies loaded up roughly 400 tourists in Mombasa and flew them home early. U.S. Ambassador Robert Godec told the Associated Press that the American Embassy has increased security measures–more security personnel are being brought in and other staff reduced.

Since the Westgate attack in September, there have been a dozen of these bombings.

In the meantime, Kenyan president Uhuru Kenyatta had directed to pay almost 💲17M to two sketchy entities for claims for financing bogus security acquisition contracts in the Anglo Leasing scam uncovered by John Githongo. After Githongo’s whistleblowing Kenyatta himself as leader of KANU as the official opposition identified the claims as bogus. Kenyatta now claims that the Attorney General dropped the ball and allowed these entities to successfully sue and take judgements in court in the UK. He has directed that payment be made to clear Kenya’s credit to undertake large new borrowings on through the “Eurobond” market. The Law Society of Kenya says that the Government is lying and did not lose in court but rather agreed to pay.

The UK and US criticized the corruption of Anglo Leasing back when it was revealed in 2005-06. Neither the whistleblowing, nor many millions of dollars spent on alleged “good governance” programs seem to have deflected the ultimate success of the scam. . . .

More on the Somali roundups in Kenya

Another must read is from Cedric Barnes at the International Crisis Group: Losing Hearts and Minds in Kenya. Horne argues that the roundups specifically contradict the unity messaging offered by the Kenyan government after Westgate and are likely to backfire by promoting marginalization and thus increasing the persuasive power of extremists.  The operations highlight the extremely slow pace of security reforms in Kenya; the going rate to avoid getting arrested if you are of Somali ethnic background is 5000 KSh. Horne also points out that Kenyans of Somali ethnicity and those from the historically marginalized regions in the eastern and northeastern part of the country have always had difficulty getting identity documents from the authorities in the Kenyan government.

Here is Muthoni Wanyeki in The East African : Usalama Watch–State is Fracturing Kenyan Society: “A journalist in discussion with a senior Anti-Terrorism Police Unit officer tells of the ATPU’s alleged frustration with the whole operation — for breaking down its intelligence networks, having nothing to do with counter-terrorism and the likelihood of blowback.”

And Andrew Franklin in Business Daily: Let’s Change Our Tactics in Fighting Terrorism:

Kenyans of Somali origin have also been detained as potential terrorists, making citizenship no bar to this programme of racial profiling.There is no indication that any useful intelligence leading to the apprehension of the café bombing Al-Shabaab terrorists has been obtained although at least 82 “illegals” have been deported to Somalia.The reality is that if the deportees are genuine hardcore Al-Shabaab operators, they will soon return to Nairobi via Kenya’s undefended porous border.

The obvious question about all this: why?  At least one opposition politician has suggested that the operations are intended to curry favor with the West or the U. S. in particular for some reason.  Admittedly I am not objective as an American but I tend to think that the roundups are obviously enough counterproductive (e.g., they increase rather than decrease net terrorism risk) that the Kenyatta administration would not find any serious encouragement for this from Western governments.  Maybe I am naive, but its worth noting that the International Crisis Group is a firmly Western Establishment voice.

Key Reading on Kenya Police Action: Mass Arrests “Counterproductive”

The U.S. Institute for Defense Analyses in the latest issue of Africa Watch features an article by Alexander Noyes entitled Kenya: Mass Arrests Counterproductive and Undermine Security Reform Pledge:

Kenya’s vulnerability to Islamist militant attacks should not be downplayed, as tragically illustrated by the Westgate mall massacre last September. That said, the government’s heavy-handed counterterrorism response is troubling and counterproductive on a number of fronts. First, as warned by the KNCHR and highlighted in the April 3 edition of Africa
Watch, such indiscriminate policies fuel a “cycle of violence” that risks further alienating and radicalizing Kenya’s Somali and Muslim communities. Second, the crackdown undermines President Kenyatta’s recent pledge to overhaul Kenya’s security agencies. As the author has argued elsewhere, Kenya’s previous power-sharing government was able to achieve real, if halting and incomplete, institutional security reform successes, including legislative and constitutional changes.The recent mass arrests and troubling allegations against security forces suggest that the Kenyatta administration is more interested in building up the capacity of the security agencies to fight terrorism—fostering the perception of security—than in consolidating any of Kenya’s fragile institutional gains on security reform.
Kenyans going for water

Kenyans going for water

A Guest Post on the State of Kenya@50: “Where Did The Time Go and What Do We Have to Show For It?”

Following is a “guest post” from Andrew J. Franklin, an American now leaving Kenya after more than thirty years of Kenya’s fifty year independent history. This was originally written back in May, after the election failures but months before the Westgate fiasco, about which we learned more damning information with the report this week from the review by the NYPD:
Kenya Map at Nairobi School

It’s mid-May, do you know where your election results are?

Good question! As Kenya prepares to celebrate 50 years of Independence – and, remarkably for Africa, largely free of tribal massacres, wars, natural and/or manmade disasters, successive failed or successful military coups d’etat, vicious secret police operations or state sponsored “disappearances – this steadily failing state is increasingly unable to conduct normal run of the mill governmental functions.

The GOK was able to carry out a national census until the late 1990s, deliver mail and inland cables, find the owners of automobiles allegedly involved in traffic offenses, pay pensions, etc. The more international assistance and support for the GOK and its myriad associated agencies, parastatals, universities and authorities the faster state operations have deteriorated.

The incredible investment in “IT” prior to the 2013 General Elections was not only supposed to prevent or mitigate electoral fraud but was also a belated recognition of just how bad government administration had become.

The IEBC was unable to organize or conduct “voter education” prior to the March 4th polls and is probably unable to find all 120,000 (?) temporary workers hired for these elections; media reports indicate that election- related pay owed to the police, NYS recruits and prison warders has still not been paid.

In essence it is an amazingly foolish leap of faith to expect the IEBC to release any election results for President, Governors and members of the National Assembly and Senate. The longer these results are kept from the public the greater will be arguments that these elections were stolen; 50% of the country is already on a slow boil and the new administration is clearly not able to handle long simmering insecurity in Mandera, Garissa and Wajir Counties or in Western Kenya where criminal gangs are terrorizing the populace.

Reports of a resurgence of Mungiki in and around Nairobi as well as continuing MRC related activity in the “Coast Province” counties – including Lamu – show that the state of national insecurity is more serious than anyone will publicly admit. The heavy handed response on Tuesday, 14/05/2013, by some 400 “security personnel” drawn from the disparate forces within the “National” Police Service to only 250 noisy demonstrators – and 15 or so pigs and piglets – outside Parliament showed an usual lack of any police command and control.

Meanwhile the Obama Administration seems blissfully unaware or unconcerned of the situation in Kenya; our bureaucrats just seem to be hunkering down and covering their asses.

Reports that the police fired live ammunition to “break up the crowd of peaceful demonstrators” after tear gas and water cannon proved “ineffective” indicates a lack of discipline or concern for innocent bystanders or onlookers in offices, shops or even the carparks in the vicinity of Parliament right smack in the CBD!

The use of live ammunition to quell demonstrations in Kisumu in the aftermath of the Supreme Court decision on March 30th elicited little comment in the domestic media and certainly no public protests from the US Embassy. Apparently the rubber bullets procured by the NPS prior to the elections are still in their original packing?

The bottom line is that “Something’s happening here. What it is, is very clear…” To Some!

Andrew J. Franklin, J.D.
Former U.S. Marine, resident of Nairobi since March, 1981

“Do not be afraid. The government will protect you.” KANU Revivalists offer alternative to democratic values in Kenya

Shortly after I arrived in Kenya in mid-2007, Kenya’s parliament passed a media regulation bill which faced a storm of international diplomatic criticism as well as domestic protest.

President Kibaki at the time backed down and sent the bill back to Parliament where it was ultimately somewhat watered down. New legislation passed last week goes much further than what was dared under the first Kibaki Administration, in spite of the new constitution. This time there doesn’t seem to be much reaction from international governments–we give our aid money quietly and tiptoe so as not to step on important toes since we have been aggressively accused of imperialism and racism for not intervening to stop the ICC prosecutions of The Now Elected for the mayhem after the 2007 election–but the international media is much more aware of these issues than they were in 2007.

And if the media bill has been put in some limbo, it has been followed by the introduction of the Jubilee bill to assert more state control over civil society and restrict and channel foreign funding to non-governmental organizations. The Uhuruto team had not shown its cards on attacking the media during the election campaign, but civil society was always a known target. See Attacks on Kenyan Civil Society prefigured in Jubilee Manifesto, my post from March this year.  More freedom for the media and for civil society means more restraints on politicians in control of government.  Restricting civil society can help maximize the opportunity to control the media, and vice versa.

Kenyans are confronted once again by the hard choice of whether they are willing to challenge their “leaders” in governmental power to maintain their individual freedoms as citizens.

Uhuru Kenyatta stayed with KANU throughout his life through the formation of TNA as a vehicle for his presidential campaign in this year’s race.  Other than running in elections himself, he has not given much indication over the years that I am aware of being concerned for opening the democratic space and by running as “Moi’s Project” as the KANU nominee in 2002 he chose the old banner.  Of course when you are one of the richest men in Africa, and your mother is one of the richest women, because of what your father took for himself and his family when he was the one-party ruler, you find yourself with plenty of freedom of speech and freedom to politically organize regardless of the details of the system that confront the small people.

In the wake of the Westgate attack, and the desire of the government to avoid scrutiny or challenge, I am reminded poignantly of what Kibaki said when he first ventured out thirteen days after he had himself sworn in for his second term:

January 9, 2008–13 days after the 2007 election (NBC News):

Kibaki made his first trip to a trouble spot, addressing more than 1,000 refugees in western Kenya, many of whom had fled blazing homes, pursued by rock-throwing mobs wielding machetes and bows and arrows.
“Do not be afraid. The government will protect you. Nobody is going to be chased from where they live,” Kibaki said at a school transformed into a camp for the displaced in the corn-farming community of Burnt Forest. “Those who have been inciting people and brought this mayhem will be brought to justice.”
He indicated he would not consider demands for a new election or vote recount.
The election “is finished, and anybody who thinks they can turn it around should know that it’s not possible and it will never be possible,” he said.

Perhaps for those Kenyans that feel sure that the government will always protect them, there is no need for these things of a free media, civil society, the questioning of elections.  Kenya could just go back to the Chinese model of the one party state.  Kenyans who prefer a freer, more empowered citizenship as a matter of values, or who don’t feel they can count on the government to always protect them will have to decide to engage to protect those rights which are of course expressed in law in the new constitution.  See “CIC (Commission for the Implementation of the Constitution) says new media law unconstitutional”, Daily Nation.

Kenyan Media

Kenyan Media

Listening . . .

Image

Waterbuck

Please excuse my lack of posting. I am taking extra time to read and listen.

In case you missed it, here is Joel Barkan’s list from Foreign Affairs, “What to Read on Kenyan Politics”.

And from AfriCOG: “Why Westgate Is About Governance But Not Security Or The ICC”.

KPTJ Statement

Sharing the statement released by KPTJ this morning:

At this time of grief, we, Kenyans for Peace with Truth and Justice, wish to express our deepest condolences to the families of those who have been lost or remain missing, and wish a swift recovery to all those who have been hurt. We applaud the contributions of our fellow Kenyans to support rescue and security work and medical care for victims, as well as the unity our nation has demonstrated throughout this crisis. We condemn this despicable attack and support all work to rescue those still trapped at Westgate, and to end the situation as soon as possible and without further loss of life.

Why Westgate? [updated 9-24]

I certainly claim no special insight into the minds of Al Shabaab, but by virtue of having been around long enough to have been marked in childhood by the memory of the “Black September” attack on the Israeli athletes at the 1972 Munich Olympics, it isn’t a surprise to read that “Westgate Shopping Mall is one of several Israeli-owned businesses in Kenya.” “Shopping mall in premier complex that is home to international brands”, Saturday Nation.

Likewise, Nairobi’s upscale malls are hubs for internationals and expats, as well as symbols of the prosperity and comfort that can be found by the affluent in Nairobi and a source of local pride. The psychological and economic impact from mass murder at such a place is entirely different than mass murder of a similar scale in some other town or village, or in the slums.

I have to say I don’t believe these people would be sated if they ruled all of Somalia without challenge.

[Update: This post was an early reaction to news of the attacks. With the crisis nearing an end after three days, we don’t seem to really know much yet about the attackers and the specifics of the operation. Variety of contradictory information and lots of opinions, some derived from some substantial amount of experience and knowledge, some from little.]

“Choosing Peace Over Democracy”

“Kenya’s 2013 Elections: Choosing Peace Over Democracy” has been published in the new Journal of Democracy by James D. Long, Karuti Kanyinga, Karen E. Ferrer and Clark Gibson.  Important and worthwhile reading for anyone interested in Kenyan politics or democratic process in Africa or the developing world more generally.

This is the first of formal publications using the exit poll and other polling data that were presented by Professors Gibson and Long at Johns Hopkins’ SAIS on May 2 and widely covered in the Kenyan media.  See my post with the video:
“Fraud and Vote Patterns in Kenya’s 2013 Election: Evidence from an Exit Poll”–Gibson and Long event in Washington Thursday.

Long and Gibson were the researchers who also carried out the 2007 IRI/USAID/UCSD Kenyan exit poll that showed an opposition victory.

Voting Procedure