The AFRICOMMONS niche: leveraging the freedom of amateurism to “monitor” democracy assistance and American defense, diplomacy and development in East Africa

Raila Odinga Orange Democratic Movement of Kenya International Republican Institute

From campaign brochure of Raila Odinga seeking nomination of Orange Democratic Movement of Kenya for President, received June 2007

–Why “AFRICOMMONS”? When I started this blog in late 2009 AFRICOM had just been “stood up” in Germany and taken over the American military operations in East Africa from CENTCOM.

–The notion of AFRICOM as “a new kind of Combatant Command” still seemed meaningful in 2009. The Obama Administration was still new and had not yet lost control of the Senate, passed the Affordable Care Act, gone along with calling it “Obamacare”, and in the wake lost both the House and Senate to the Tea Party. There was still, dare I say it, some hint of “hope and change” in the air. AFRICOM had taken over the war against al-Shabaab in Somalia but had not yet been tasked with its first major new “kinetic” effort against Gaddafi in Libya (in 2009 we were still getting closer to and cooperating more with the Libyan dictator).

–Even though Kenya had experienced the democracy meltdown and “near civil war” during my time with the International Republican Institute in East Africa with the stolen 2007 election and ensuing violence, as of late 2009 three of the four main pillars of the February 2008 “peace deal” between Kibaki and Odinga as manifested in the National Accord and Reconciliation Act still looked viable.

–The area of the National Accord that had already failed to fully materialize–the investigation into the December 27, 2007 Presidential Election–was a key part of what I wanted to write about from my own experience and to research through the Freedom of Information Act and people who were involved and willing to talk. The report of President Kibaki’s Commission (colloquially “The Kreigler Commission”) provided quite a bit of overall background on the larger deficiencies of the work of the Electoral Commission of Kenya and I knew a lot of people involved so I had a lot to work with.

–Not many of us would have anticipated then the ability of nearly everyone involved in the Post Election Violence (whether we label it “ethnic cleansing” or not) to completely escape any form of justice, while a number of witnesses ended up dead. Likewise, I was not nearly so cynical as to have guessed that the report of the Truth, Justice and Reconciliation Commission would end up getting excised by a new President who was elected in part on the basis of his perceived role as an ethnic champion on one side of the PEV and as the scion of the family of the hugely acquisitive first President of Kenya and protege of the hugely acquisitive second President.

–So when I started out, the idea of rebuilding some real commonality between American democracy assistance and the rest of the American “3Ds” defense, diplomacy and development engagement and Kenyan voters–based on a fair minded and truthful assessment of what had gone wrong in 2007-08–did not seem daunting.

–For the first several years of the blog, I continued to work in my professional career as a lawyer for one of America’s largest (and world’s largest for that matter) defense contractors. While I was not personally involved in my company’s business with the State Department in Kenya (and whatever other business they had there that I might not have known about) I wanted the blog to have identity as a hobby or avocation discrete from my professional work. During the years I continued with my company, working primarily in Navy shipbuilding, I wrote sparingly about defense and military related matters. I have now been working in contracting relating to healthcare programs for some years, so I am feeling a little freer as an amateur now on “all three Ds” to range a bit wider. Having learned a great deal about healthcare programs, I may do more with that area as it has come to the forefront of US-Kenya relations while my work and clients’ business is domestic.

–In such a niche area (for Americans) as democratization and politics in East Africa, almost everyone seriously engaged is doing it for a living, or for part of a living, or at least has some real career stake or aspiration involved. Most who are not in academia or the military live in metro Washington, DC. For people in this situation, the cost of independence and especially the cost of candor can be high so there is not much appetite for examination of the “Success Stories” that constitute most communication to the public from the government agencies, NGOs and for-profit or not-for-profit businesses involved.

I have written that democracy assistance writ large is seriously in need of a “friendly watchdog” that is not representative of an attempt to discredit or harm democratization but is truly independent rather than “captive” of potentially competing interests.

It is clear to me that the values behind “open government” would be most compelling in the area of democracy assistance itself. Donor taxpayers and intended beneficiaries of democracy assistance ought to see what they are paying for, and intended to receive respectively. The practice of informal secrecy creates opportunities for incumbent host governments to manipulate and divert programming. Informal secrecy also creates opportunities to avoid scrutiny of irregular interference in democracy programming by donor diplomats or others who may have competing objectives. [The essence of my experience as I summarized in “The Debacle of 2007″ for The Elephant.]

See also: “President Trump’s new Assistant Secretary of State for Africa candidly explained why election observation and technical assistance have to be firewalled from diplomacy to have integrity“.

Meanwhile donor funds are available to tell positive, promotional stories as part of the donors’ general public diplomacy efforts even if the stories may gloss over the grittier realities that would need to be dealt with to actually improve an aspiring democracy– whether just to burnish images or to serve “stability” by avoiding angering voters who might be upset to know more about how their leaders are conducting themselves.

There is some good work done by the Inspectors General at State and USAID as well as by the GAO, but part of the impetuous for me to do this blog was an unwillingness by the Inspectors General to publicly release anything in response to my submitted complaints about interference in my IRI program work for USAID in Kenya and related matters. IRI since my time there has added an internal compliance function and has built its own Monitoring & Evaluation group and a separate polling center so they should be at least better equipped to avoid the kind of situation that led them to throw me under the bus on the Kenya USAID part of my work with them (things were fine on the NED program for Kenya and the USAID program for Somaliland, both of which were much larger than the Kenya polling and Election Observation Mission programs).

–Going beyond this blog, and my published pieces so far in The Star in 2013 and The Elephant in recent years, I do aspire to write a book about the Kenyan 2007 election and the demise of the reform agenda into the disputed Uhuruto election of 2013, but this will probably be for retirement given the magnitude of FOIA work involved. Of course the stability/vitality of FOIA in the United States will be determined in our political process in the meantime, as well as any move by the Government of Kenya toward complying with their own public records laws. (If someone else writes a more complete account of that election first I will be pleasantly relieved. I remain available to anyone with a serious interest, as always.)

Malawi 2019 Election – with Court annulment, a look back at USAID’s version of post election “Lessons Learned”

Update: the latest on the annulment of the election from Quartz Africa. And from The Guardian: “Malawi court annuls 2019 election results and calls for new vote.”

Here is what USAID has had to say as of June 27, 2019 on “Lessons From Malawi’s 2019 Elections”:

. . . .

In part due to considerable programmatic support – including USAID assistance – monitors observed commendable improvements in the MEC’s electoral preparation, voting process and results transmission system compared to previous elections.  Notably, as shown above, the MEC’s final result closely tracked with the USAID-supported non-partisan parallel vote tabulation, implemented by the Malawi Election Support Network (MESN) and National Democratic Institute (NDI).  

In addition, despite pre-electoral intimidation and violence against female candidates, 44 of Malawi’s 193 new parliamentarians are women, up from just 32 in 2014. 

Nevertheless, many voters have raised questions about the integrity of the process and Malawian opposition parties have petitioned to the courts to annul the results. While USAID/Malawi’s Democracy, Rights and Governance (DRG) team played a significant role in supporting the MEC to deliver a credible election, as well as civil society’s oversight of the process, more work remains to be done. USAID will continue to provide post election support, through NDI and International Foundation for Electoral Systems (IFES), to build confidence in Malawi’s political processes and improve citizen-state relations.

 

USAID Supported a Stronger Electoral Process…

 

In 2018, USAID joined DFID, European Union, Norway, Irish Aid, and UNDP by investing $1 million in the UNDP’s “Election Basket Fund,” which was established to pool international donor resources in support of the MEC’s election strategy, preparation, management, and tabulation. UNDP led the donor community in helping the MEC with critical institutional reforms and electoral preparations, registered 6.8 million voters through newly-issued biometric ID cards, engaged with political parties in preparation for the elections, supported women’s participation in the electoral process, strengthened the capacity of the Malawi Police Services to mitigate electoral violence, and supported election-day logistics and results transmission.

To complement the UNDP Basket Fund efforts, USAID and DFID jointly provided $4 million to the National Democratic Institute(link is external) (NDI) and the International Foundation for Electoral Systems(link is external)(IFES) to improve civil society and political party oversight and engagement. NDI and its partner MESN coordinated with the MEC on civic and voter education initiatives and mobilized long term observers.  Working with with Democracy Works Foundation, MISA Malawi and broad group of local actors, NDI produced three televised presidential debates and trained political party monitors for election day oversight.

Given the highly competitive race for president, strengthening citizen confidence in the results management process was critical.  On election day, MESN and NDI deployed over 900 observers to monitor all day and conduct a parallel vote tabulation to try to give Malawians greater confidence that the tally of ballots was transparent and accurate. NDI’s partner Institute for War and Peace Reporting (IWPR) and the Media Institute of Southern Africa (MISA) Malawi tracked and reported on media bias and established a fact-checker to combat fake news(link is external) on social media.

IFES helped the MEC to train judges on electoral dispute resolution, established an online election Early Warning/Early Response (EWER)(link is external) system to track and mitigate electoral violence, and  provided technical assistance on strategic communications in the lead-up to the elections, and throughout the voting and tabulation processes. 

In addition to these measures, USAID’s DRG team coordinated the US Government observer effort on election day. More than 80 observers from the US, UK, Ireland, Japan, Norway, Canada travelled together to visit polling and tabulation stations in 13 of Malawi’s 28 districts and submitted 240 observer reports.

But Challenges Remain …

. . . .

Through these and other efforts, the MEC and electoral stakeholders addressed many critical challenges from the 2014 election.  While observers noted a few logistical and organizational problems in some of the more than 5000 polling stations throughout Malawi, the consensus of the observer missions are reflected in the African Union’s Election Observer Mission preliminary statement, which concludes that:

 …the 2019 Tripartite Elections have provided Malawians with the opportunity to choose their leaders at various layers of government in accordance with the legal framework for elections in Malawi, and in accordance with the principles espoused in the various instruments of the AU. The elections took place in a peaceful environment and at the time of this statement, the mission had not notes any serious concerns with the process, either witnessed or observed.

Despite these efforts and a generally well conducted election, the public reaction post-election has been largely negative highlighting remaining gaps as well as a concerning level of mistrust between the public towards its democratic institutions and political actors.  Neither improved electoral transparency and preparations, election-day operations nor an independent PVT has assuaged the public’s concerns over election rigging.  Since the results were announced, Malawi has seen continued protests – some marred by violence – calling for the annulment of the results and resignation of MEC Commissioners.  Once again Malawi’s electoral outcome is in the hands of the courts.  

Implications for Future

Clearly, we need to do additional work to support both Malawi’s election management and to increase the citizenry’s trust in democratic institutions.  The trust issue is critical.  Afrobarometer’s recent study(link is external) underscores these issues in its June 2019 paper that shows that in 2017 only 57% of Malawians “agree” or “agree very strongly” that leaders should be chosen through regular, open, and honest elections. This means out of 34 African countries surveyed, Malawi’s trust in democratic systems is 3rd from the bottom – a concerning position for a democracy that has just completed its sixth election.

 

I hope this can be an occasion for a deeper and more open discussion about the learning opportunities than has happened from the problems over the years in Kenya.

Like George W. Bush in 2007, Donald Trump is more popular in Kenya than he is at home

While Donald Trump is not as unpopular in the United States right now as George W. Bush was during the time of my service as East Africa Resident Director for the International Republican Institute in Nairobi, Trump is more popular in Kenya than at home, as Bush was then (Bush was conspicuously popular in the early aftermath of 9-11, won re-election in 2004 and was not highly unpopular until on into his second term; Trump is steadily, but not extremely unpopular in terms of raw approval numbers, per his apparent strategy tied to our Electoral College system, although a slight overall majority would like the Senate to remove him from office in the current impeachment trial).

See: Trump Ratings Remain Low Around Globe, While Views of US Stay Mostly Favorable; Trump foreign policies receive little support” from the Pew Center for Research.

Update: At the same time, we have to note a similar situation with China’s Xi Jinping:

Publics in most of the countries surveyed lack confidence in Xi Jinping. His highest ratings come mostly from countries in Africa and the Middle East, including 61% in Nigeria, 58% in Kenya, 52% in South Africa, 44% in Tunisia and 41% in Lebanon. Filipinos and Russians generally voice confidence in the Chinese president as well.

Some thoughts:

1) the United States has been generally popular in Kenya in part because we have kept closely linked in our policy positions at the Government to Government level while also getting credit for moral support for “the Second Liberation” once the Cold War ended. We have shown a level of diplomatic finesse at a “10,000 foot level” in achieving what we have wanted from the relationship. There are always issues and problems, such as overhang from the perception that we tried to sell a bad election in 2017 and have been too supportive of the Jubilee Administration in the context of bad economic performance, but we manage.

2) the bottom line. We spend a greatly disproportionate amount of foreign assistance dollars in Kenya relative to poorer, less advantaged countries within Africa in the context of poverty relief. We do a lot to help alleviate some of the worst consequences of extreme inequality, corruption and bad policy priorities from Kenya’s governments. Some of this is for obvious foreign policy reasons as part of our diplomacy, some of it is because people prefer to live in Nairobi to Blantyre, say. Some of it is because as a more developed country with a well educated albeit small middle class and some real infrastructure, along with a lot of poverty and other challenges, Kenya is one of the most logistically easy places to do a lot of things within the “assistance” field.

As a brutal example of the role of US assistance in providing for basic needs that Kenya’s government is unwilling to meet, see Max Bearak in the Washington Post: Kenya’s blood banks go dry after US ended aid.

3) Trump solves a couple of things that were tricky for President Obama during his time: because he has not visited Kenya himself and has no obvious personal connection to the region beyond the ubiquitous “friends trying to get rich” he is more generically “American” as opposed to the son of a “Luo tribesman” as propagandists in the US described Obama. Obama faced certain misunderstandings and disappointed expectations, and maybe overcompensated in certain areas. On the “culture war” issues, Trump has returned on abortion to the strong “no” position under Bush and then some, and seems to calibrate mixed messages on sexual minorities rights which was a particular area where my sense is that Obama unsuccessfully “spent” some personal political capital in Kenya in his second term. Trump has emphasized in his campaigns and general messaging his relationships with Americans who are involved with these issues in Kenya such as his impeachment defense counsel Jay Sekulow of the East African Centre for Law and Justice. See “American Center for Law and Justice opens Nairobi branch, campaigning against draft Constitution” from May 2010.

4) Trump has tried numerous times to make large, draconian cuts in foreign assistance, but he has failed in Congress (and Kenya has not experienced any extraordinary and arguably illegal blocks like Ukraine did earlier this year) but all this is “inside baseball”–as long as the money comes the President gets credit symbolically.

5) The Trump Administration has promoted a high degree of personal Trump-Kenyatta interaction both in Washington and at the G-7 and other non-African venues. Kenyatta is very wealthy and comes from family wealth like Trump, and similarly graduated from an private American Northeastern college. Kenyatta is no Zelensky, left to twist for a meeting. Kenyatta may not be exceptionally popular as an individual right now in Kenya, but the obvious benefits to Trump’s image in the minds of Kenyans are not dependent on that kind of specifics.

6) Without getting too “deep in the weeds” I think Trump got a break and the US has benefited from having former Illinois State Senator Kyle McCarter as Trump’s political appointment for Ambassador. Having a career civil servant and experienced diplomat in the position would lead to Trump keeping his distance presumably, but McCarter has little in common with Trump in background, style or personality (nor are his politics as a former elected official from the “Tea Party” wing of the Republican Party all that much like Trump’s unless he has changed his mind about quite a few things). At the same time, his missionary background and status with Trump and the GOP and other organizations give him entre beyond conventional diplomacy. So arguably McCarter is in a unique role to broker between Washington and Kenya and not typical of the type of political appointments we have seen from Trump in other Embassies.

Kenya-USA Bilateral Trade Talks: Ambassador McCarter confirms “cat is out of the bag” on Bloomberg scoop on negotiations for Free Trade Agreement

U.S., Kenya to start trade talks seen as template for Africa

Key takeaway is that Bloomberg reports that trade talks have been underway between the United States and Kenya, with the Kenyan officials confirming progress and the US expecting to publicize status in conjunction with Uhuru Kenyatta visit to Washington next week.

The East African nation’s cabinet will probably approve discussions with the U.S. this week, Kamau [Permanent Secretary] said.

Kenya is America’s 11th largest trading partner on the continent and the sixth biggest in sub-Saharan Africa, with total trade between the two countries at $1.17 billion in 2018.

The U.S. currently has one free-trade agreement on the African continent — with Morocco. U.S. Assistant Secretary of State for African Affairs Tibor Nagy said in August that the nation was pursuing a trade deal with an unidentified country in sub-Saharan Africa, adding that it would be used as a model for others when AGOA expires.

The Trump Administration wants to use an agreement with Kenya as a template for other bilateral agreements in region, as opposed to the African Union’s expressed preference for a multilateral pact in the context of the new African Continental Free Trade Area. It is also somewhat unclear as to how this would integrate with the longstanding US support for the federation process among the members of the East African Community.

Update:

Uganda: Retiring US Ambassador “stings Museveni for overstaying in power” but emphasizes support for Uganda’s role n regional stability

Outgoing US Ambassador Malec stings Museveni on overstaying in power as she bids farewell Nile Post, Jan 23:

The outgoing US Ambassador Deborah Malac, has aimed a dig at President Museveni and his NRM government for staying long in power saying it might lead to problems in the future.

Having served in Uganda for four years, Malac will late this month leave the country as US Ambassador but also retire to private work after spending 39 years doing US public service, mainly in Africa.

Speaking at her last press briefing on Thursday, Malac said the long stay in power and failure to have a peaceful transition will at one time lead to problems for the country.

. . . .

Speaking on Thursday, Malac however said because Uganda has never had a peaceful transition of power since independence people have a number of concerns over the same.

“I know it becomes difficult in countries like Uganda to talk about succession and transition and not sound political in the sense that you must be against or for a particular group but the issue is figuring out the other voices so they are heard and issues discussed,” she said.

The outgoing US Ambassador who has been in Uganda for four years, has been very vocal on issues of human rights and democracy and has on several occasions been accused of interfering in local politics after being viewed as being pro-opposition but speaking about the same, she said she does not care about what many think of her.

. . . .

Uganda remains a cornerstone of stability in the region says outgoing US Ambassador MalacNile Post, Jan 24:

. . . .

In 2007, Uganda was the first country to deploy troops in Somalia under the AMISOM and turned around what had for long been termed as a “mission dead on arrival.”

The Ugandan troops are deployed in Sector One in Benadir,(has 16 districts) Banadir, and Lower Shabelle regions having pushed Al Shabaab militants for over 200km away from Mogadishu city for normalcy to return to the capital where the militants roamed freely.

. . . .

She said that in her time, the US has supported the training, equipping and deployment of nearly 25000 Uganda military personnel to Somalia to help in improving regional security and stability.

Uganda has been at the forefront of fighting Allied Democratic Forces that have made life difficult in the volatile Eastern region of the Democratic Republic of Congo where they roam freely and have killed thousands of locals.

Uganda has also played an important role in brokering peace in the continent’s newest country, South Sudan.

. . . .

The Kampala government has also been influential in ensuring peace in Burundi and Central African Republic.

The outgoing US Ambassador said her government will continue supporting Uganda’s efforts to ensure stability in the region.

. . . .

See also “US Ambassador bids Museveni farewell“, Daily Monitor, Jan 17.

Uganda campaign flyer on tree says vote NRM Yoweri Museveni for peace, unity and transformation for prosperity

Kenya: How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2020?

Since I asked this same question in January 2019 we have seen finally publication of the initial Building Bridges Initiative report delivered to President Kenyatta and released to the public, as I have discussed in a few posts, but the overall question on how things play out in 2020 remain essentially the same. Ambassador McCarter has made clear that the United States remains committed to the Building Bridges Initiative even if he did not personally agree with a few things in the report.

Here it is:

Kenya: How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2019? – AFRICOMMONS:

What will 2019 hold for the relations between the United States and Kenya, particularly the Trump-Pence and Kenyatta-Ruto Administrations?

Kyle McCarter, just confirmed by the U.S. Senate as Trump’s man in Kenya, after a delay since last spring, will shortly replace Robert Godec who shepherded U.S. interests as defined by the Obama and Trump Administrations, respectively, during the UhuRuto election in 2013 and re-election in 2017. The 2020 American presidential race is kicking off now a year ahead of the party primaries so it does not seem likely that McCarter’s efforts in Kenya will command a high place in the U.S. President’s personal attention soon. (If Trump is re-elected it would seem a fairly safe bet that McCarter would stay on for Kenya’s 2022 election, but as a political appointee he would likely be replaced in 2021 if the White House changes hands.)

It has been interesting to see a higher public profile recently from the U.S. administration on efforts to combat narcotics trafficking networks operating in and through Kenya, along with anti-addiction programs. McCarter has a voluntary service background in this challenge at home in Illinois in addition to his family missionary work in Kenya, so this might be a place where his talents would especially dovetail with diplomatic priorities. Here is a summary of the work of the State Departments’s Bureau of Narcotics and International Law Enforcement in Kenya.

We have also seen an encouraging new development with the recent and current prosecutions by the U.S. of cases involving bribery of high government officials in Uganda and Mozambique (going along with the U.S. extradition and prosecution of members of the Kenya-based Akasha narcotics trafficking syndicate). See the Amabhungane story on the Mozambique cases here.

The U.S. has been quietly supporting capacity building for Kenyan prosecutors; some people, including some Kenyans, think that the Director of Public Prosecution is now closer to “the real deal” than his predecessors and that President Kenyatta is actually now waging a form of a genuine if limited “war on corruption”. (We shall see.)

On the Kenyan side, with the end of 2018 we reached the end of the first year of the Second UhuRuto Administration and the first year of “Uhuru’s Big Four Agenda”.

In late 2017 we witnessed the opposition-boycotted “fresh” presidential election conducted by the highly controversial (and at least to some extent corrupt we now know) IEBC, followed by an international diplomatic circling of the wagons to close out Kenya’s political season on that basis.

Uhuru’s Jamhuri Day speech in December 2017, a month after his second inauguration, announced the UNDP (United Nations Development Program)-supported “Big Four Agenda”.

“On reflection, I came up with four responses to your concerns. I call them the Big Four: food security, affordable housing, manufacturing and affordable healthcare for all. During the next 5 years, I will dedicate the energy, time and resources of my Administration to the Big Four.”

Fulfilling these development targets would be the prospective reward to ordinary Kenyan citizens for their role, such as it was, in the re-election drama, and serve as Uhuru Kenyatta’s “legacy”, to cement his place within Kenya’s First Family and presumably secure the status of yet another generation of Kenya’s post-colonial pre-democratic elite.

I was struck by the fact that the Jubilee/UhuRuto election campaign did not offer the “Big Four” as its electoral platform. Needless to say, it is a bit incongruous to see the Jubilee Government and its international supporters (the same ones funding Kenya’s serially corrupt electoral management bodies) not offer a serious nod toward seeking a direct democratic mandate for such an ambitious and aggressive program to define a Kenyan president’s term in office.

I am fully in support of the concepts of “the Big Four” in having the Government of Kenya actually prioritize the common welfare of Kenya’s citizens. It is just that this type of service provision is frankly head-spinningly counterintuitive coming from Kenya’s existing political class. Anyone who has been blessed to live in Kenya and follows its politics must have asked at the inception a year ago if this “Big Four” was not just the another expression of foreign ambitions projected on Kenya and indulged by Kenya’s elite for their paramount purpose: looking out for themselves.

Now that a year has gone by, the attention of Kenya’s governmental leaders draws more and more tightly around their next election in three-and-a-half years while the reality of the debt load from the most recent pre-election period bears down. It would seem that skepticism was well warranted.

The United States reportedly took a key “leading from behind” role in late 2017 and early 2018 in bringing Raila into some form of post-election accommodation with the Kenyatta’s while taking both a publicly and privately assertive position against the “People’s Presidency” inauguration gambit last January. Since that time we have a new Secretary of State, a permanent Assistant Secretary for the Africa Bureau, and now a new Ambassador, but no open discontinuities in Trump Administration policy on Kenya. Dr. Jendayi Frazer who was the Assistant Secretary in 2007-08 is still around in the same various private capacities as she was in during 2013 and 17 (as far as I know). She was most recently in the Kenyan media visiting with Mombasa County Governor Joho, reportedly discussing “violent extremism” before a Mastercard Foundation event. Most of the other people who were involved in Kenya diplomacy and policy at a senior level in the Obama years are in quasi-official related positions and/or the Albright Stonebridge Group, awaiting a change in administration if not retired.

With the “handshake” between Uhuru and Raila it seems that Kenya’s opposition has been left with less power in parliament than at any time within the past twenty years.

Certainly Daniel arap Moi must rest easy knowing that the rumors of his political demise were greatly exaggerated. His succession project from 2002 has more-or-less succeeded. Kenyans are freer as a matter of civil liberties now than they were during the days of his rule as recorded in history and as described to me by politicians who were in opposition back in 2007 but have circled back in the years since. At the same time, extra-judicial killing remains a constant threat to the poor and to anyone whose exercise of those liberties might seem to present a real challenge to the political status quo. The killings by State security forces in support of the 2017 elections were significantly escalated from 2013 and after ten years it is now safe and necessary to say that the post-election violence of 2007-08 has been effectively ratified by the State as the violence of 1992 and 1997 under Moi was. And Kenya may be even more pervasively corrupt than ever. Elections arguably peaked in the 2002 landslide.

The “international community” as it identifies itself has accepted and moved on from its abject defeat by Kenya’s political elite (and by its own vanity and lack of substantive commitment) on the issue of “justice” for the politically instrumental murder and mayhem of 2007-08.

Trump’s “New Africa Policy” as per National Security Advisor John Bolton suggests that we should not expect any separate new “flagship” initiatives for development or assistance from the U.S., nor other major changes emanating from the White House. The “New Africa Policy” could be seen as raising questions of how far the U.S. will be willing to financially underwrite the “Big Four” approach on development assistance. Bolton himself was both the intellectual and political leader of the campaign to keep the ICC as far from any interaction with U.S. policy as possible and is a career U.N. skeptic. There are elements of the approach talked about for “the Big Four” that fit up with what we hear from USAID in the Trump era, in particular a heavier focus on creating opportunities for private foreign investment coupled with reduced direct assistance spending. At the same time, the sexiest sector for investment under the Big Four, under Universal Health Coverage, is predicated on the rejection of the Republican approaches to healthcare in the United States, so the rationale for U.S. Government support under a Trump Administration is fuzzy at best.

Just as most of Kenya’s major politicians have history as cooperators in some fashion with Kenya’s single party KANU regimes, some of those around Trump worked for Moi directly (Paul Manafort and Roger Stone most conspicuously) and Americans of longevity in the Foreign Service have background with the USG-GOK alliance under Moi. It will be interesting to see where Ambassador McCarter fits into this history.

On one hand, McCarter is a Trump political appointee from Republican politics; on the other his background with Kenya as a missionary makes him a somewhat anomalous figure in the world of Black, Manafort and Stone, Cambridge Analytica and other Trump-connected international operatives and lobbyists, and with Donald Trump and his Organization, the global hotel/gambling developer and brand broker.

McCarter has been around Kenya independently and will have is own pre-existing relationships and his own impressions on Kenya’s politics not tied to the Trump family.

McCarter’s religious background as an Oral Roberts University graduate and missionary in itself, and political background as an elected official from a less urbanized portion of the American Midwest may give the new Ambassador some head start in relating to ordinary Kenyans over someone from a more typical background for a professional diplomat.

Will McCarter tuck comfortably into the pre-existing Bush/Obama/Trump policy for Kenya of accentuating the positives about those in power and how we can keep things quietly spinning without risk of disruption? Or might he be more plainspoken? How will he see his role in the “handshake” and “Building Bridges” endeavor as Kenya’s pols move more quickly on to jockeying for advantage for the next dispensation from 2022? Can McCarter find a way to contribute something lasting on corruption and law enforcement even if the “Big Four” is “overcome by events” as politics moves on?

Kenya visit by IFES President Bill Sweeney March 2017 An earlier Handshake: IFES president Bill Sweeney calls on Jubilee Speaker of National Assembly Justin Muturi on visit coinciding with IEBC’s announcement of sole source deal with Safran Morpho to acquire Kenya Integrated Election Management System (KIEMS) in March 2017. Sweeney also brought the new IFES country director for its USAID election support program who was hired to replace the director who had been purged following criticism from the Jubilee Party and the Kenyatta Administration.

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

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

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

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

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

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

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

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

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

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

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

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

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

Afghanistan 1,650M

Iraq 238M

Regional/Global 201M

South Sudan 159M

Mexico 102M

Columbia 86M

Honduras 81M

Pakistan 79M

Bangladesh 76M

Haiti 73M

Liberia 68M

Egypt 65M

Kenya 60M

Indonesia 60M

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

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

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

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

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

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

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

Kenya’s long awaited “Building Bridges Initiative” report published on-line

Following the post-election negotiations between Uhuru Kenyatta and Raila Odinga during December 2017 – March 2018, culminating in the famous March 9, 2018 “handshake” between the two, Kenyans have witnessed a prolonged period of political stasis in which Kenyatta has run the Government as he sees fit without opposition and former Prime Minister Odinga and Deputy President Ruto and their factions have carried on their 2022 campaigns.

We now have a 150+ page published report from the Government of Kenya representing the work product of a dual team of insiders for the two “sides” (Raila/ODM and Uhuru) making various recommendations for political governance issues as are always “on the table” in “post-Colonial” Kenya.

Formally, this has been called the “Building Bridges Initiative” implemented by the “Building Bridges to Unity Advisory Taskforce” and has incorporated the usual process of donor supported public “input” sessions around the country to “popularize” the process, the teams of insiders and what they will agree on and eventually announce.

The adjustments proposed from the public comments and news so far appear to be relatively nondramatic and reflect what one would expect for an elite consensus process where the primary issue is the adjustment of interests among those at the table.

Here is the official website for the Building Bridges Initiative.

For background, here is my post from December 7, 2017, “Trump Administration’s top diplomat for Africa visits Nairobi, public statements adjusted to call for ‘national conversation’ as substitute for ‘national dialogue’“:

I was pleasantly surprised by the previous statements from the State Department both from Washington and in Nairobi, calling for “national dialogue” in the wake of Kenya’s fraught and objectionably violent environment in the wake of the boycotted October 26 presidential re-run.

In the latest release from Washington on December 4 the State Department said “the Acting Assistant Secretary will travel to Nairobi, Kenya from December 4-6, where he will meet with representatives of the Kenyan government, as well as with Kenyan civil society. The visit will encourage all sides in Kenya to participate in a national dialogue following the presidential election.” (emphasis added)

Today, however, following the talks, a new statement was issued–by the Ambassador–backing off from the language “national dialogue”. Instead, along with a call for Odinga drop a “people’s swearing in”, and a generic call for protesters to avoid violence and the Government’s security forces to avoid unnecessary killing and to investigate themselves on the outstanding accusations that they had been doing so, the State Department now recommends a “national conversation”.

Why is this different? Well, you would have to ask the Embassy or Main State Department and/or the White House why they changed the language, but “national dialogue” is a clear reference to the formal process resulting from the February 2008 settlement agreement between Kibaki and Raila leading to the Truth, Justice and Reconciliation Commission Report (censored and held in abeyance by the Uhuruto Administration–an issue in the August election), the Kriegler Commission on the 2007 Election (leading to the buyout of the Kivuitu led ECK), the Waki Commission on the Post Election Violence (leading to the aborted ICC prosecutions) and constitutional reform process that led to the 2010 Referendum adopting the new Constitution which mandates the 2/3 gender rule (declined so far), diaspora voting (mostly declined so far), devolution (in process), and such. A “national conversation” is a nice notion and probably a good thing to do here in the United States as well as anywhere else culturally divisive politics.

See “Reformers vs. The Status Quo: Is it possible to have free and fair polls” by Eliud Kibii in The Elephant to put the current election disputes and contest in the complete post-Cold War context.

Update: Ambassador Godec’s tweet of Dec 11:

NASA’s decision yesterday is a positive step. We again call for a sustained, open, and transparent national conversation involving all Kenyans to build national unity and address long-standing issues.

Nairobi’s Star publishes extraordinary story using SECRET 2009 Cable about Amos Wako corruption issues published by Wikileaks in 2010 to explain U.S. visa ban and designation

Read here from The Star: “What Ranneberger told Washington about Wako on corruption”.

Update Nov. 19, see the follow-up: “10 big names join Wako on US travel ban“.

When Wikileaks first published the mass of stolen State Department cables in late 2010 while Michael Ranneberger was Ambassador to Kenya The Star to my recollection did not write any stories from them–including about this 2009 cable, classified SECRET, on the Amos Wako issues. Of course it was more timely then and Wako was still serving as Attorney General.

The Star and The Standard both stayed away from direct coverage of material from the leaked cables, while The Nation did a small number of Kenya stories–not including this Wako subject matter–before quickly backing off.

The most topical of those for me back in 2011 was a Nation story revealing that in early 2008 the US had issued undisclosed (and unknown to me) visa bans against three members of the Electoral Commission of Kenya based on substantial evidence of bribery. The State Department has never to this day acknowledged knowing about the bribery at the ECK in the 2007 election and the publication of such stories in the Nation quickly dried up. (I was told of ECK bribery by another diplomatic source in January 2008.)

Back in the States in my job in the defense industry (with my security clearance) I was told by a friend in the Kenyan media that I had been “sweetly vindicated” on my public contradictions with the Ambassador in the New York Times and otherwise about the 2007 election but the “Wikileaked” cables were not available to me due to the obligations of my security clearance. Readers of this blog will know that I started the process of requesting related information through the Freedom of Information Act in 2009, more than a year before Wikileaks hit, and that I have received released versions of some of the same Cables that Wikileaks published unredacted.

I learned in real time that Ranneberger expressed active displeasure with The Star for publishing a story in February 2008 on the leaked USAID/International Republican Institute exit poll showing an opposition (Odinga) win in the December 2007 election, so I always assumed that it was likely that the Kenyan newspapers received diplomatic encouragement not to publish independently from the stolen cables.

Clearly the Trump Administration has had quite a very different approach with Wikileaks than the Obama Administration did back in 2010 and Ranneberger is now retired from Government himself and working as a consultant and lobbyist looking, among other things, to influence the Trump Administration. So lots of things have changed aside from Wako moving to the Senate from the Attorney General’s office and having a leading role in the current Building Bridges Initiative.

[I will add links to my previous posts, but wanted to go ahead and get this up.]

See “Part Seven — one last FOIA Cable on the 2007 exit poll“:

. . . .

The quest for accountability to Kenyan voters has remained unanswered sadly.  A news story in the Daily Nation in 2011, in the final item on my chronology of links to coverage of the Kenyan election, reports from an alleged leaked cable that ten days before this February 18, 2008 meeting at the Ambassador’s residence, the State Department issued “visa bans” against ECK members based on evidence regarding bribery–but did not disclose this circumstance, or the evidence, at this [Feb 18] meeting (I checked with a participant).  We, the United States, made clear that we were willing to step up financial and rhetorical support for reforms in Kenya–such as the new constitution–under a deal in which the new Kibaki administration shared power with the opposition under an Kofi Annan-brokered bargain–but we brushed aside the issue of the fraud in the election.

Kenya election vote counting Westlands Nairobi

Kenya Senator Amos Wako, former longtime Attorney General under Moi and Kibaki, gets US “public designation” for involvement in corruption and a second US “visa ban”

Secretary of State Pompeo released a press statement today announcing a “public designation” by the United States of former Attorney General Amos Wako, along with his wife and son, for evidence of involvement in significant corruption, seemingly from his time as Attorney General. Wako served during both the Goldenburg and Anglo Leasing corruption scandals.

Recent news finds the successful Goldenburg scam architect Kamlish Pattni obtaining a court judgement for additional funds from the Government relating to incompetent prosecution endeavors against him. Also we read this week that more than Switzerland has been holding frozen funds related to the Anglo Leasing scandal which have not

The previous visa ban on Wako under U.S. Presidential Proclamation 7750 of 2004, was legally confidential, but was announced by then-Ambassador Michael Ranneberger in a Tweet in November 2009. Wako publicly acknowledged the ban for alleged failure to cooperate with reforms in the wake of the Post Election Violance following the 2007 election and announced he would sue to have it lifted. It is unclear when that ban was lifted, although it must have been a some point. As of December 2015 then-Ambassador Robert Godec told The Standard that there were several Kenyans barred from the US under Presidential Proclamation 7750.

In early 2008, according to a Daily Nation report said to be from Wikileaks, the US banned three Kenyan member of the Electoral Commission of Kenya based on evidence of bribery, but the US has never made any type of disclosure of that action or the underlying Election Commission bribery issue although I was told separately of ECK bribery by non-US diplomatic sources in the course of my work for the International Republican Institute during the Post Election Violence.

Reviewing the 1992 Election Observation Report from the International Republican Institute for my last post I noted that Attorney General Wako was accused by IRI of being “responsible for egregious pre-election irregularities related to the election framework” along with many of the District Commissioners.