More context: what happened between Fall 2006 and Spring 2007 that might have changed State Department priorities on democratic reform in Kenya and Kibaki’s re-election?

Kenyans going for water in Eastern Province with jerry cans on red dirt

Kenyans going for water

One key event: the Ethiopian invasion of Somalia in December 2006.

See my post from September 2011: David Axe on “America’s Somalia Experiment”–a timely reminder of policy in the Horn of Africa in 2007-08. Quoting Axe in The Diplomat:

The ICU didn’t explicitly advocate terrorism, and there were probably only a handful of al-Qaeda operatives hiding out in Somalia at the time. But that nuance was lost on the George W. Bush Administration. Washington pledged support for the Ethiopian attack, including ‘intelligence sharing, arms aid and training,’ according to USA Today.

With this backing, plus air cover provided by US AC-130 gunships and carrier-based fighters and assistance on the ground by US Special Forces, the Ethiopian army launched a Blitzkrieg-style assault on Somalia in December 2006.

Ethiopian tanks quickly routed the ICU’s lightly armed fighters. ‘The Somalia job was fantastic,’ Abu Dhabi Crown Prince Sheikh Mohammed bin Zayed Al Nahyan told then-US Central Commander boss Gen. John Abizaid in 2007.

The Bush Administration agreed with that assessment, at least initially. And the proxy approach to African security challenges quickly became central to Washington’s policy for the continent. . . .

And here is Daveed Gartenstein-Ross (of the Foundation for Defense of Democracies) and Daniel Twombly on America’s 4-prong strategy for Somalia” in The Atlantic from October 2011:

American national security planners have viewed Somalia as strategically significant for some time. In 1999, for example, staffers on the National Security Council suggested that Osama bin Laden’s most likely destination was Somalia if he lost the Taliban’s protection in Afghanistan. But U.S. interest in the country has appeared to grow dramatically since 2006, when an Islamist group known as the Islamic Courts Union (ICU) captured the capital of Mogadishu and soon after made a number of strategic gains. Late that year, the U.S. backed an Ethiopian invasion designed to push back the ICU. Though Ethiopia rapidly reversed much of the ICU’s geographic gains, it wasn’t able to prevent a powerful insurgency from taking root.

Al-Shabaab emerged as a force distinct from the ICU during the course of the insurgency; not only was this new group more hardline in ideology, but a number of its leaders openly declared their support for al-Qaeda. As Ethiopia withdrew and was replaced by troops from the African Union Mission in Somalia (AMISOM), al-Shabaab emerged as the country’s dominant insurgent force. It soon took control of significant swathes of territory in southern Somalia. Al-Shabaab even established governorates in some of the areas where it was dominant. During much of this period, the U.S. lacked a real plan for the region. America tried to help AMISOM protect Somalia’s UN-recognized transitional federal government from being wiped out by al-Shabaab, but otherwise lacked a strategy to reverse the jihadi group’s gains.

In 2006-2008, the Bush Administration disclaimed significant involvement in the Ethiopian invasion to the American public and others interested. Assistant Secretary of State for African Affairs Jendayi Frazer even asserted that we told the Ethiopians not to do it. Over time the work of journalists and scholars (and document leaks) led to an established conventional wisdom that what we were told in that regard was not actually true, as reflected in the Axe and Gartenstein-Ross, Twombly pieces from 2011.

Update: For further specific discussion, see Ronan Farrow’s new book, The War on Peace; The End of Diplomacy and the Decline of American Influence, Chapter 19, “The White Beast”.

At the time of the quoted pieces in 2011 Kenya, during Kibaki’s second term and with support of his then-“Government of National Unity” partner Prime Minister Raila Odinga, invaded the Jubaland region of Somalia and joined the ongoing war approaching its fifth year. The next year, 2012, the Kenya Defense Forces were formally incorporated under AMISOM for donor cost reimbursement.

Today the war continues, and the third American administration involved has increased direct U.S. strikes and added some more support troops. There has been significant progress in some respects in terms of stability and we can certainly hope that some day down the road the new Somali Federal Government will be self-sustainable. It is a formally Islamist government but it aspires to aspects of democratization that would see an eventual status quo that would differ from the old ICU or other regional governments in Saudi Arabia, the UAE or Qatar, for example.

See this from Saferworld, an NGO supporting democratization in Somalia and Somaliland.

As for Kenya, its politics were frozen by the openly stolen election in 2007 as I wrote last year in The Elephant. The leading figures now were the leading figures during the murder and mayhem ten years ago. The backsliding has not led to complete reversion to the “faux multipartism” of Moi’s last decade in office, but the ruling Jubilee Party is consolidating hegemony nationally. Odinga, having raised a ruckus about the lack of electoral reforms, boycotting the presidential re-run after his Supreme Court victory nullified the August 2017 election, eventually conceded through a “handshake” with Uhuru Kenyatta and “got right” with Kenya’s donors, led by the U.S., who were publicly most focused on economic matters (and presumably maintained the foremost underlying concern with war?).

“Correlation does not prove causation.” The circumstantial evidence suggesting that the invasion to displace the ICU in Somalia–with an accompanying increase in military cooperation and access from Kenya–might explain the pivot in U.S. policy to “building capital” with Kibaki, as Amb. Ranneberger described it in an April 2007 cable, and away from fighting corruption and reforming the election process might not be explanatory. But it seems to make sense in the context of the time, place and people involved.

“Six Years An Ambassador” : Godec’s Kenya valedictory with Macharia Gaitho

Macharia Gaitho seems to have been of late the designated Kenyan columnist to convey certain background perspectives from the American Embassy.  His April 8 Sunday Nation column provides in interview form a review by outgoing Ambassador Godec of his tenure and the position of the State Department at present.

For me the primary “takeaway” is, as the Nation headlined, the continued/renewed statement of the need for “national dialogue”. The issues were apparent from the 2017 election going back to the 2007-08 election. The “handshake” of a month ago is said to open an opportunity for that dialogue. Likewise the U.S. position is reiterated on the status of the October 26 election and Kenyatta as legitimate per the IEBC and Supreme Court as the U.S. sees it.

I have not met Godec and I really do not have an opinion about him personally. I am not able to say, with the late American humorist Will Rogers, that “I never met a man I didn’t like” but I try to be able to say “I never dislike a man that I’ve never met.”

What makes me sad is that Godec as the Ambassador has been controversial and drawn more anger as well as more disappointment from many Kenyans than I have seen in the past.

Some of the heat would fall on the shoulders of anyone who was the voice of the controversial policies from Washington. Some of it reflects more specifically the reasons that “national dialogue” is needed: the 2008 “peace deal” got only perhaps half-executed and a lot of Kenyans are unenthused as they should be about getting the short end of the stick over the past ten years from their own government. As a “friend” of the Government of Kenya we naturally find ourselves with some “guilt by association” from the Kenyan public. And of course some of it is the behind the scenes stuff that we Americans back home have to hope to evaluate, someday, from the media or private conversations with insiders or the Freedom of Information Act, if ever.

Godec was candid enough to acknowledge that “peace” was prioritized first as a “must” in United States foreign policy in regard to Kenyan elections as but noted that we continued to also support other equities of justice and fairness. For instance, we support  allowing civil society freedom to operate. Nothing was said however to indicate we ourselves need to take a fresh look at our own role in supporting the election mechanisms or our role in supporting reform and transparency out of our own experience in these last three Kenyan election cycles.

It perhaps goes without saying that we no longer mention any notion or prospect of justice for the victims of the 2007-08 post election violence. (Or pre-election 2013 for that matter.) That was something we always used to talk about.

Ambassador Godec noted that his biggest regret was the ongoing security situation as reflected in the Westgate and Garissa University attacks. I assume we are not waiting for those reports from the Government of Kenya on those attacks that Kenyans have been waiting on. (Of course both Kenya and the United States remain at war in Somalia as we were when the Ambassador arrived as Charge in 2012.)

The biggest thing that really struck me from Ambassador Godec’s interview was that there are now 28,000 Americans living in Kenya. More people have been realizing what a great place to live Kenya can be if you are an American, as I can attest. I hope that’s a good thing.

I also hope the Ambassador will sit down with The Elephant as a newer Kenyan publication that is able to generate more depth on current controversies than the big media groups usually feel able.

Meanwhile, Uganda is reported “sliding into crisis”

With attention focused on Mugabe’s capitulation to the military and his erstwhile ZANU-PF cronies in Zimbabwe, and the accompanying exuberant popular optimism, the Crisis Group released its latest report of 30+ pages on Uganda as Museveni moves to clarify his status as supra-party, supra-legal supremo.

Here is the link to download: “Uganda’s Slow Slide Into Crisis“:

Crisis Group: Principal Findings

What’s the issue? Popular discontent is growing over President Museveni’s apparent desire to remain in power while governance, economic performance and security deteriorate.

Why does it matter? Uganda is not in danger of renewed civil war or rebel violence, but it risks sliding into a political crisis that could eventually threaten the country’s hard-won stability.

What should be done? The government should hold a national dialogue over presidential succession, enact reforms to the partisan police force, stop post- poning local elections and initiate broad consultations on land reform. Donors should encourage these efforts, while avoiding projects that help perpetuate political patronage.

Museveni has continued to have amazing grace from the United States which has taken a position of official neutrality as he has sought to strong arm his way to another constitutional change to eliminate the 75 year presidential age limit for the presidency.

As AMISOM has indicated its first troop drawdown of 1,000, and more U.S. forces deploy to assist the Somali National Army, Museveni volunteered another 5,000 Ugandans for the Somalia-building endeavor during President Trump’s “Nambia lunch” with African leaders in New York in September. No indication that we want to take him up on the offer, but we seem to continue to hold a stream of various defense-funded public events in Uganda and otherwise seem to desire to telegraph “strategic patience”, “immoral indulgence”, “complacent complicity” or whatever it is that best characterizes our multigenerational intertwining with the M7 regime.

Happy National Day and Thanks for the Troops (Burundi)

2016_06_28-Burundi_Rotation-2

AMISOM flickr photo- Burundian troops rotate home
The State Department issued this statement today, as Burundi’s long crisis drags:

On behalf of the Government of the United States of America, congratulations to the people of Burundi on the 55th anniversary of your independence.

We applaud Burundi’s ongoing commitment to international peacekeeping operations and recognize the positive impact its troops have had in Somalia.

The United States stands with all Burundians committed to peace and prosperity. As you reflect on your history and address the challenges of today, we send best wishes for a bright future.

In the meantime, the Burundian government has accused the West and “international organizations” of conspiring with the Rwandan government to seek regime change and to steal Burundi’s resources.

US State Dept clears another possible $250M+ sale of light attack aircraft for Kenya; Human Development Index shows Kenya at 146 of 188 countries with “region’s worst jobs crisis”

Update: see Daily Nation: “Analysts skeptical of impact in Somalia of Kenya arms purchases“.

From the Defense Security Cooperation Agency release:

. . . .
This proposed sale contributes to the foreign policy and national security of the United States by improving the security of a strong regional partner who is a regional security leader, undertaking critical operations against al-Shabaab, and a troop contributor to the African Union Mission in Somalia (AMISOM).

The proposed sale of the MD 530F helicopters, weapons, ammunition, support items and technical support will advance Kenya’s efforts to conduct scout and attack rotary wing aircraft operations in support of their AMISOM mission. The MD 530F will also replace Kenya’s aging MD500 fleet, which is the current reconnaissance platform supporting Kenyan ground forces. This sale will significantly enhance the Kenyan Army’s modernization efforts and increase interoperability with the U.S. Armed Forces and other partners in the region. Additionally, a strong national defense and dedicated military force will assist Kenya in its efforts to maintain stability in East Africa.

Kenya will have no difficulty absorbing this equipment into its armed forces.

The proposed sale of this equipment and support will not alter the basic military balance in the region.

The principal contractor will be MD Helicopters, Mesa, AZ. There are no known offset agreements proposed in connection with this potential sale.
. . . .

The $418M L3 Air Tractor sale approved by the State Department in January remains pending for U.S. Congressional approval after objections raised by Rep. Ted Budd of North Carolina.

Kenya had the largest military spending in the East African region in 2016 at $908M as reported by SIPRI.  Finalization of these two sales of attack aircraft this year would account for dollars equivalent to roughly 60% of last year’s spending.

Here is the headline story from Business Daily: UN report shows Kenya’s jobs crisis worst in region“.  The full UN Human Development Index report and related material can be downloaded here.

It may be worth noting that the United States spends quite a lot of money through many institutions scattered across our country and in many others on the study of and writing reports about the factors driving security threats from the types of things we are concerned about in East Africa.  I am not an expert on this and do not have time to read most of this as an interested amateur, but generally speaking I think the research tends to highlight concerns related to the Human Development Index factors and in particular the jobs crisis over any problems with lack of military hardware.  Perhaps I misunderstand.

Kenya :  News from “The War for History” as Citizen TV owner admits to Parliament that suppressed reporting of voting results in 2007 showed Odinga win over Kibaki

Here is the story from The Daily Nation:  Raila won 2007 election says Macharia.

The truth trickles out gradually.  Of course, those of us involved in the Election Observation for the International Republican Institute were following those results being reported live on Kenyan television from our headquarters in Nairobi during that Friday-Sunday after the election on Thursday, December 27, 2007.  Dr. Joel Barkan, our expert, explained by Saturday night that based on the numbers that were reported, it appeared that Kibaki could not win.  (Part of the reason why I was surprised to be told early Sunday morning by our “lead delegate” that “it’s going to be Kibaki” during the time when the Electoral Commission of Kenya had suspended the announcement of results.)

I understood that Joel’s public statements back in Washington that we couldn’t say for sure that Raila won, but could say that Kibaki lost reflected that known results as reported by the media houses showed Kibaki could not have gotten the most votes.  Realistically, under the first past the post system under Kenyan law at that time, this leaves Raila winning (since he didn’t lose his Kibera constituency to Stanley Livondo).

I assumed that one of the primary motivations for John Michuki’s then-notorious order suspending live broadcasting by the media houses from December 30  was to facilitate making sure those results that the media houses “took down” did not “resurface” after ECK Chairnan Samuel Kivuitu announced to an audience limited to the State-owned Kenya Broadcasting Commission that Kibaki had won after all.

As we know from my Freedom of Information Act Series research, Ambassador Ranneberger reported to Washington that he had personally witnessed the changed tally sheets at the ECK along with EU Observation Chief Lambsdorff.  [In particular, see Part Ten, Ranneberger on ECK, “Much can happen . . . and it did”]

Unfortunately, Ranneberger nonetheless initially asked Kenyans to accept the results of the election without disclosing what he had witnessed and congratulations were quickly issued from a spokesman for the State Department back in the U.S. that Sunday.  Subsequently we retracted the congratulations, said there were problems with the election and took the position that there was supposedly “no way to know” who won–still without disclosing what Ranneberger witnessed until his January 2, 2008 cable to Washington was declassified (with redactions) in response to my FOIA request.

As for the media house evidence, this stayed buried until now.  The ECK never did publish any polling station, or even polling centre, results at all in the presidential race.  The Kreigler Commission stayed off the presidential tally at the ECK–even though it was part of their legal charge as fairly construed.

After the election debacle, Ranneberger did spend a significant amount of energy promoting “the reform agenda” going forward during his remaining years in Nairobi.  Unfortunately, it appears that “reform” largely failed to take (because reform built on a foundation of impunity for corruption was “a house built on sand”).

For more see my “War for History Series“.

And from the news before the holidays:

The Standard headlines John Githongo’s day in court on Anglo Leasing after all these years.  Of course, Kibaki knew.

Sadly, embarassingly, the testimony comes not in a criminal prosecution of the looters, nor an action by the Government of Kenya to recover any of the millions of dollars lost–nor even a defense against claims for fraudulent debt–but rather in Githongo’s defense of himself in a libel action by one of those implicated in Githongo’s corruption disclosures when he left office in 2005.

It has been such a disappointment to me to see comfortable Westerners celebrate and bask in the reflected glow of Githongo’s courage as a whistleblower over the years while ultimately selling him out by looking the other way while at the next election the tallies were rigged to keep Kibaki and his cohort in power, followed by the Uhuruto succession after which the Government paid huge additional sums on Anglo Leasing debt and went on its merry way to ramp up corruption to new heights.

Kenya will not be secure so long as its Government remains so pervasively corrupt.  Foolish fickleness by the U.S. and others in the West buys us nothing of value.

U.S. fights in Somalia; Old lions–Kissinger, Moi, Scowcroft, Brezenski–outlast the post-Cold War democratization era in East Africa 

Things had gone so far awry on the democratization front by last year  to trigger a Washington Post editorial noting the authoritarian trend in East Africa.

Recently we have news of a major U.S. airstrike (manned and drone) on an al-Shabaab training camp, followed by a raid involving U.S. and Somali special forces.

We are now also faced with a major ISIS presence in continental Africa in the wake of the proverbial “ungoverned space” in Libya and are in discussions considering a new military coalition to organize resistance.  Prior to the 2011 uprising AFRICOM was joining our European allies in coordinating military relationships with Gaddafi but the revolution, in which we intervened, has not resulted in a stable or unified replacement government.

Let’s face it; 14 years after 9-11, 15 years after the USS Cole bombing, 17 years after the U.S. Embassy bombings in Kenya and Tanzania, the window of opportunity for a U.S.-led focus on the building of shared democratic values in the region may have largely slipped shut.

Years ago I got some attention for a post noting that “the aid bubble has burst” and Western attention had moved past the Gleneagles era toward a more normalized mode of profit-seeking investment.  While private actors will remain more alert for opportunities in Africa and “public-private” endeavors including the current Power Africa program can still have legs, it seems to me that “conflict management” and irregular warfare have come to the fore to the point that we seem to be back in an era more akin to the Cold War in which perceived immediate “security” interests are predominant.

Museveni in particular “surfed the wave” of democratization after the fall of the Soviet Union and came out onshore as a primary U.S. military ally in the region anyway.  We are willing to chastise him to a point, but there is no indication from Washington that the fundamental facts of our relationship are at issue over another awful election.

While much has been accomplished with AMISOM in Somalia, we are still a long way from seeing a stable, sustainable government there that would create an opportunity to de-militarize our relationships with Uganda, or Kenya or Ethiopia.  The increasingly direct U.S. role in fighting al-Shabaab reflects the limitations of Ugandan and Burundian proxies, as well as the reality of limited capacity and contradictory objectives from the Kenyan and Ethiopian contingents in AMISOM.

This also leaves Somaliand in suspended animation.  Sudan remains an awful paradox for our policy goals and our values, and South Sudan is simply a fiasco.

It seemed to me in Nairobi during the post-election violence in 2008 that the Ethiopian invasion of Somalia in December 2006 to displace the ICU and save in some fashion the remains of the TFG was a turning point for U.S. policy.  After that, we seemed to have effectively dropped our criticism of the corruption failures of the Kibaki administration and its failure to reform the constitution and then helped get Moi and Kibaki back together.  We upped our security cooperation and looked the other way as Kibaki stole re-election.

The USAID democracy programming I inherited in mid-2007 as regional director at the International Republican Institute included the pre-war era 2005 criticisms of Kenyan government backsliding and I failed fully appreciate how much had changed until the midst of that year’s disaster.

Back in the U.S., Kissinger is now personally embraced by key elements of the leadership of both our parties.  In early 2009 after the New York Times published its investigation on the Kenya exit poll,  IRI, to my amazement, gave Kissinger its “Freedom Award” even though it has long worked to promote democracy in Cambodia, in particular, as well as places like Bangladesh and East Timor where I was invited a few years before I worked for IRI in Kenya.  Now, the likely Democratic nominee apparently holidays with Kissinger in the Dominican Republic.  A new, old, era, apparently.

A little Kenyan-American history: Kissinger, Waiyaki, Kibaki–getting the F-5s, safaris and slums

More Kenyan-U.S. diplomatic history: Kenyatta’s health and succession; status of whites; military assistance

“Linkage”-remembering how we got here, from “rules of the game” with the Russians and the “Carter Doctrine” to Al-Queda in East Africa and the Embassy Bombings

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

Is Libya to Burundi in 2016 as Somalia was to Rwanda in 1994?

US Army deployedI have no answer to this question, and I hope and pray it is just something to think about abstractly.

What I am getting at is that for purposes of public consumption at least the Western democracies were in denial in 1994 about the risk of mass slaughter and eventually genocide and failed to act to an extent that we all pretty well have acknowledged shame about.  (No one bothers to suggest that China, Russia or other non-Western powers would be expected to be similarly troubled.) It seems to be recognized that the U.S. was the “indispensable” party that would have had to push forward to make intervention happen, but elected instead to pull back.  There is regret that we did not take affirmative action.

It also seems to be accepted that the “Black Hawk Down” disaster and generally unsatisfying experience of “humanitarian” intervention in Somalia took strong measures involving Americans off the table for Rwanda.  The Genocide Documentation Project by the National Security Archive and U.S. Holocaust Memorial Museum has helped us to see now how this actually played out back then.

Post-Rwanda 1994, of course, there has been over the years the notion that we learned a valuable lesson from that particular genocide and could now say “never again” with a newly “doctrinized” post-Cold War sense of purpose of a Responsibility to Protect.

Unfortunately the timing gets complicated by other events.  We are in a presidential election year.  Now the last major “humanitarian” intervention involving U.S. forces was Libya.  While initially celebrated, it has become a politically dicey sore spot.  The tragic loss of American lives later at Benghazi was fortunately not televised, but we now have a feature Hollywood movie coming anyway.  While Washington collectively is not yet ready to examine the decision making process on intervening or not, the specics of the Benghazi incident have attracted more investigation than I recall from “Black Hawk Down” as such.  The larger negative geopolitical fallout from the intervention in Libya has become much more apparent much sooner than in Somalia in the early ’90s and already appears to be a major concern of many facets and no easy solutions.

In that sense the factors supporting a cautionary holding back from acting are greater in 2016 than in 1994 (and of course I haven’t even mentioned Iraq/Syria and Afghanistan).

We have hoped that we would not be indispensable on Burundi, in particular that the (post-Gaddafi) African Union could find common purpose and means to act.  That hasn’t happened.  My perception is that there might be reason to hope for this sort of AU action many years in the future but that the capacity is really just not there now.

It has to be noted that governance in the region has continued to be dominated by what could be called a “league of extraordinary generals”–Kagame and Museveni as well as, in a sense, Nkurunziza.  Nearby Mugabe remains and Kabila the younger.  Who can really be an honest broker or claim with a straight face to be primarily acting on global “humanitarian” values without outside leadership?

Museveni and Nkurunziza are militarily allied with the West in the current AMISOM effort in Somalia which will need to continue for some long time yet.  Museveni is involved with the US in our Lord’s Resistance Army operation which presumably is indefinite at this point.  Kagame has apparently decided to postpone the transition to a postwar elected leadership by his constitutional referendum lifting term limits, like Museveni did long ago.  He probably expects a relationship at least as good with the next U. S. administration for his re-election in 2017. He appears to continue to be a darling of Davos and to be working with a variety of endeavors involving commodities trade and related regionalization that enjoy quasi-official support around Washington aside from the public foreign aid.

And now we see the leak through Reuters of the confidential report under UN auspices of Rwandan involvement in training and supporting rebels in Burundi already.

If, God forbid, things turn sharply for the worse in Burundi, and there “isn’t anyone else,” would the U.S. seriously consider an emergency humanitarian intervention or not?  If not, are we prepared to explain to our children why not, again, while living also with the consequences?  I am in no way qualified to advocate for or against a particular course of action, nor do I know the backstory of the latest facts on the ground, I am just asking the questions as to our policy parameters as a taxpayer/citizen/ voter and a person of humanitarian concern.

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:

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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.”

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