Is Washington finally losing patience with governance by UhuRuto? If so, what is seen as “the way forward”?

I touched a few bases while briefly in Washington recently. I was left with the impression of general “benign neglect” on Kenya, which would be expected given the overwhelming number of more immediate crisis situations around East Africa, such as the South Sudan “civil war/state failure” situation, escalating tensions between the Kagame and Museveni regimes, the uncontained Ebola crisis, etc. And always the war in Somalia.

Nonetheless, there are those who work or engage with Kenya more specifically on a less seasonal basis who will unavoidably have noticed how badly the Government of Kenya has been underperforming just as a factual matter regardless of the diplomatic angles of the day.

All this is to lay the groundwork for my great interest in a couple of news items today:

1). First was the report that Ambassador McCarter had said in Kisimu that the U.S. was putting on hold financing for the Bechtel Mombasa-Nairobi expressway due to concerns about corruption risk and debt levels escalating costs such that the intended value to the Kenyan people was not delivered. Here is the version from “Kenyans.co.ke” which has been running a bunch of pieces bringing up events from political inflection points from years past with no specific explanation of the timing, such as the piece I posted about last week taken off from my June 2017 piece in The Elephant on “The Debacle of 2007: How Kenyan Politics was Frozen and a Election Stolen with U.S. Connivance“.

As a private American “friend of Kenya” and taxpayer I am quite gratified by this willingness to change policy to address current “facts on the ground” and to actually “walk the talk” on “anti-corruption” even if it involves possibly giving up a big subsidized project for a very big well-connected private business owned by a group of Americans.

I have been concerned about this project for the reasons identified by the Ambassador but have not wanted to say much without being close enough to have details and not wanting to be seen as an inveterate naysayer or unduly skeptical about things where I am not that well informed.

Maybe Ambassador McCarter can end up being a “breath of fresh air” and is actually serious in his talk of zero tolerance for corruption in a way that would be different from the ordinary diplomacy where we run hot-and-cold at best. If no one explained to him as a political appointee from outside Washington that “zero” among diplomats ends up as shorthand for a wide range of dollar values in varying circumstances explained in the addendums and codicils, as opposed to just “zero” as it might mean to a businessman in downstate Illinois, then maybe Kenyan cartel leaders need to be worried a bit after all?

And if people in Washington have their hands full or are not focused on the immediate situation in Kenya, and with what we read about how national security policy management is working in Washington these days, it may well be that McCarter has that much greater practical latitude “on the ground”? Likewise, usually an Ambassador in Kenya will have the potential distraction of career considerations not dissimilar to people working in the government in Washington; this would not seem to be a challenge for McCarter. (And maybe he isn’t looking to be a lobbyist for a neighboring warlord in a black hat, and an oil and gas consultant and an investor-broker in USAID-funded health business, for instance.)

There are obvious sociocultural and political barriers to how McCarter will be perceived in Washington and among Americans who typically engage with foreign policy on Kenya or are “Kenyanists” or “Africanists” with focus on Kenya, but open minds are warranted. And maybe that works both directions.

Part of what is so striking here is how much Uhuru Kenyatta has in the past seemed to be arguably “Donald Trump’s signature African leader”–not so much that they are seen to really know each other or have some personal rapport, but rather that in the face of general lack of signs of personal interest in Africa from Trump we still have Uhuru at least included in meetings and doing photo ops with Trump in Europe, Canada and Washington, if not yet Mar-a-Lago, during the first two years of the Administration. Even though he was such a favorite of some in the Bush-Obama years.

So surely putting the Bechtel deal on hold suggests that there is finally heightened willingness to openly acknowledge that governance is simply not now what it was cracked up to be from our previous public diplomacy in recent years.

2) Next is Macharia Gaitho in the Daily Nation publishing today’s column: “Either rebels in Jubilee ranks join opposition, or Uhuru steps down” calling out Jubilee’s divide:

The politicians who contrive to insert his name [Deputy President Ruto’s] into every issue do the DP no favours at all. It does not help his image or his 2022 presidential election prospects when his name is used to fly cover for disreputable leaders caught on the wrong side of the law.

. . . .

As an elected member in his own right, a Majority Leader [Sen. Kipchumba Murkomen] does owe a duty to his constituents. Where conflicted, however, he could consult internally within the government and party organs.If his concerns are not adequately addressed, then the honourable thing would be to relinquish the Majority Leader role so that he can, in good conscience, speak out for his people both inside and outside Parliament.

As it is, what we are seeing from Mr Murkomen’s now frequent outbursts are the hallmark of rebellion. This is rebellion not from one disaffected individual, but a powerful Ruto faction in Jubilee that is unhappy with the path pursued by President Kenyatta.

Jubilee cannot govern effectively when it has such a powerful opposition within; hence the rudderless, dysfunctional government seemingly sabotaging its own efforts.

This is not a healthy situation. Maybe, it would be best for Mr Ruto and his cohorts to resign and go officially into opposition or for President Kenyatta to throw up his hands in surrender and leave the burden of leadership to those more able.

Now I don’t know and haven’t asked, but there have been recent times when Gaitho has seemed to be carrying a message, such as the time when he explained that Raila’s fellowship at Yale was intended to be a perk to ease into a honorable retirement, not a springboard to run yet again in 2017. Different Kenyan columnists are in this role at different times it has seemed over the years. See “Six years an Ambassador: Godec’s Kenya valedictory with Macharia Gaitho”.

This background made me figuratively “perk up my ears” when I read the Gaitho blast after the news on the Bechtel expressway deal.

As a practical matter, there are certain ironies any time it is suggested that “regular order” of some type is suddenly warranted in Kenyan politics. Uhuru Kenyatta himself as KANU leader and Leader of the Opposition in 2007, crossed the aisle to support “Kibaki Tena” without resigning, when party godfather, retired President Moi who picked Uhuru from relative obscurity to nominate as his successor in 2002, realigned his fortunes, so to speak, to be with Kibaki while being appointed as Kibaki’s diplomatic representative for Southern Sudan. So I think Ruto might scoff at Gaithos’s advice now, and I doubt Uhuru’s mother would be good with him resigning at this point with all the family has going on at stake. Too much water under the bridge for too many years to expect anyone “in government” to go formally into “opposition” voluntarily–reform can happen but not nearly so easily or cheaply.

A necessary and complimentary read is the latest from Rasna Warah in the East African Review with what needed to be said on the most egregious act of contempt toward what we used to call “the reform agenda”: “In whose interest? Reflecting on the High Court judgment against John Githongo?”

Kenya 2007 election Kibaki Tena Kazi iendelee re-election

South Sudan: new Salva Kiir—Rannenberger Foreign Agent filing shows $1.2M non-refundable retainer “already paid” and $3.7M flat fee (contra Reuters)

  1. COMPENSATION

6. The Consultant will charge the Client a flat fee of $3.7 million dollars for the services (the “Compensation”) for this two-year Contract.

7. The parties acknowledge that $1.2 million dollar’s of the Compensation has already been paid to the Consultant as ofthe date hereof, as a non-refundable retainer. The Consultant will invoice Client quarterly for amounts due.

Here is the May 7 filing with the Justice Department, by Gainful Solutions with a new “Exhibit AB” which includes both a letter purportedly canceling the April agreement, dated May 2, and the substitute agreement dated May 5.

The widely-reprinted Reuters story from my update to my previous post indicated that the new agreement did not mention compensation.

On May 2 Gainful Solutions filed a “Short Form” Foreign Agent registration act for Ambassador Timothy Towell as an additional lobbyist and business agent with the title of “consultant” at compensation “to be determined” to go with the previous filings for Ranneberger, Soheil Nazari-Kangarlou and Constance Berry Newman.

Note: The Justice Department has these filings incorrectly posted on its FARA.gov database under “Sudan” instead of “The Republic of South Sudan”.

Update: Politico reported on the contract change here in their “Influencers” newsletter, noting the compensation and identifying dropping reference to the hybrid court as the main change.

And read: “EDITORIAL: Cry havoc, and let slip the U.S. ex-diplomats” in The East African.

Amb. To Kenya Michael Ranneberger with late Kenyan diplomat Bethuel Kiplagat, defending Kiplagat’s controversial appointment by President Kibaki to head Kenyan TJRC

Should the United States support “political confederation” of the East African Community? Can we do so while also supporting democracy?

What are the basics of our current foreign policy in East Africa? According to the State Department’s Bureau of African Affairs there are now “four pillars” to our policy towards Africa:

1) Strengthening Democratic Institutions;

2) Supporting African economic growth and development;

3) Advancing Peace and Security;

4) Promoting Opportunity and Development.

Pillar number one seems quite clear, even if I have to admit that I cannot articulate what difference is intended between numbers two and four. See “The Competitive Advantages of Promoting Democracy and Human Rights in Africa,” by Mark Dieker on the State Department DipNote Blog this month. Dieker is the Director of the Office of African Affairs at the Bureau of Democracy, Human Rights and Labor.

The East African Community as currently constituted with the addition of newly independent but unstable South Sudan has six member states. Arguably Kenya under its corrupt but seemingly stable one party dominant “handshake” government over the past year following annulled then boycotted 2017 elections is about as far along the democracy continuum as any of the six–on balance, the region seems to be experiencing authoritarian consolidation.

EAC Chairman Paul Kagame, who initially took power in the first instance through leading the 1990-1994 invasion from Uganda, engineered a referendum to lift term limits last year and was then re-elected with nearly 99% of the vote over his two closest opponents with less than 1% each, after jailing a more conspicuous challenger and expropriating her family’s resources. Suffice it say that Paul Kagame is one of the world’s more controversial leaders–both loved and hated, praised and feared among Rwandans and among politicians and journalists from other countries. The slogan of the EAC is “one people, one destiny”; the website invites users to memorialize the anniversary of “the genocide against the Tutsi”.

I think we could all agree that Kagame operates Rwanda as a heavily aid-dependent developmental authoritarian one party state “model”. Western diplomats and politicians, aid organizations, educational institutions and companies and foundations are free to participate so long as offer support rather than any form of dissent. Likewise journalists and scholars are welcome to spread the good news. Some see deep real progress from a genocidal baseline and a “cleaner”, “safer” more “orderly” less “corrupt” and more business-friendly “Africa”; some see a cruel dictatorship killing its opponents and silencing critics to hide its own dark past while supporting catastrophic regional wars and looting outside its borders while offering international busybodies and ambitious global operators gratification or absolution from past sins for cash and protection. Whatever one thinks of the relative merits of democracy and developmental authoritarianism, in Rwanda specifically or in East Africa or the world-at-large, I think we can agree that Rwanda is not a model of democracy.

Tanzania has regular elections which are always won by the party that always wins. In the world of East African democracy, it ranks above Kenya in some respects in recent years for avoiding the tribal mobilization and conspicuous corruption-fed election failures that have plagued its neighbor to the north. But again, no actual turnover of power from the ruling party and lately, civil liberties have been taking a conspicuous public beating. In the last election, the opposition took the seemingly desperate or cynical step of backing a candidate who was compromised by his recent expulsion from Government and the ruling CCM–and who having lost has now abandoned his new friends to return to CCM.

In Uganda, Museveni like Moi before him in Kenya, eventually allowed opposition parties to run, but unlike Moi, as not given up unilateral appointment of the election management body and has gone back to the “constitutional” well to lift first term limits, then the presidential age limit. While extrajudicial killings are not as prominent a feature of Ugandan politics as they are in Kenya, that might only be because Museveni counts on beatings and jail terms to send clear messages.

Burundi is under what would be an active ongoing crisis situation if not for the fact that things have gotten too much worse in too many other places for us to keep up. Whatever you think of Nkurunziza and the state of alternatives for Burundi, I do not think we need to argue about whether it is near to consolidated, stable, democracy.

South Sudan has not gotten far enough off the ground to present a serious question.

So under the circumstances it would seem quite counterintuitive to think that a political confederation beyond commercial of the existing six states would enhance rather than forestall hopes for a more a democratic intermediate future in Kenya or Tanzania. Likewise it does not seem to make sense to expect some serious mechanism for real democratic governance on a confederated six-partner basis anytime in the near or intermediate future unless quick breakthroughs are seem in multiple states.

Someday, after democratic transitions in Rwanda and Uganda and an experience of a change of power in Tanzania, after Kiir and Machar are safely under lock and key or have run off with Bashir to Paraguay, this can be revisited in a new light.

1999 Treaty Language TZ, UG, KE:

DETERMINED to strengthen their economic, social, cultural, political, technological and other ties for their fast balanced and sustainable development by the establishment of an East African Community, with an East African Customs Union and a Common Market as transitional stages to and integral parts thereof, subsequently a Monetary Union and ultimately a Political Federation;

In Chapter 23, Article 123

6. The Summit shall initiate the process towards the establishment of a Political Federation of the Partner States by directing the Council to undertake the process.

7. For purposes of paragraph 6 of this Article, the Summit may order a study to be first undertaken by the Council.

In 2011

In the consultations, it became clear that the East African citizens want to be adequately engaged and to have a say in the decisions and policies pursued by the East African Community.

On 20th May, 2017, the EAC Heads of State adopted the Political Confederation as a transitional model of the East African Political Federation.

Ramping up air strikes after 12 years, does the Trump Administration have a new strategy for the war in Somalia or is this escalation “mission creep”?

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

The Trump Administration’s escalation of the air power part of the war in Somalia in recent months has caught the attention of American journalists. See recent reporting in The New York Times and Amanda Sperber’s investigative reporting in The Nation. A recent Amnesty International report that U.S. air strikes have caused 14 civilian casualties since 2017 had enough salience now to draw a formal AFRICOM denial in response. Al-Shabaab has maintained a recent high rate of suicide bombings causing mass civilian casualties as well as targeting government officials.

[Update 2: On April 5, AFRICOM released this statement regarding civilian air strike casualties, indicating that records had been discovered showing two civilians killed in April 2018 with further review to be conducted.]

[Update: See April 3 from the Council on Foreign Relations, “Controversy over U.S. Strikes in Somalia“,]

Meanwhile, Kenyan forces under AMISOM are reportedly continuing to pull back into more defensive position and thus leaving previously secured villages.

In a nutshell, the current chapter of war in Somalia has been underway since December 2006 with the Ethiopian invasion to restore the Transitional Federal Government which had been forced out of Mogadishu and was under threat of complete collapse in the face of fighters supporting the Islamic Courts Unions. There is a fair bit of fog on the details of the U.S. role. Secretary Condoleezza Rice wrote in one of her memoirs, No Higher Honor, that Ethiopian leader Meles Zenawi, already having expressed concern about spillover effects in Ethiopia from an extremist takeover in Somalia, called her on December 29 to let her know that his military was going in and, “Frankly, I did not try to dissuade him”. While there seems to be no surfaced evidence that we initiated the idea and some Americans involved in dealing with the Ethiopians could have been more discouraging at some prior point–clarity will await the historians–we nonetheless got directly involved without any public debate or disclosure to the American public. By the “go date” –just prior to December 29–we ended up providing air support and special forces hunting terrorists, at least, as well as coordinating with Kenya in the south as reported.

See “David Axe on ‘America’s Somalia Experiment’ provides a timely reminder of policy in the Horn of Africa in 2007-08“.

Rice’s memoir indicates she had no high regard or expectation regarding the TFG. She also writes that the Ethiopians were supposedly intending to be quickly in and out. Given these two factors, it is hard to understand exactly what was hoped for or expected (one has to be at least reminded of Libya or Afghanistan or Iraq where we were supposedly intervening militarily to prevent bad behavior without having a clear plan for the aftermath).

There has been some argument from commentators that we opposed the Islamic Courts Union because it was “Islamist”. The United States has close and supportive relations with a variety of Islamist governments, most conspicuously of course the Kingdom of Saudi Arabia itself which has had such a big ideological footprint in re-shaping education and worship among Muslims in Kenya, Somalia and throughout East Africa (and globally) so it does not make any sense to think that the U.S. supported a military ouster of the ICU just because they were Islamist rather than either tolerant or secular.

Nonetheless, Ethiopia had become a military ally of perceived importance and the invasion made sense for Meles Zenawi as head of a EPRDF regime that had its own reasons be concerned about a consolidating Islamist government regime next door, in an environment in which it had cracked down on political expression following a strong opposition showing and protests from the May 2005 election. For the U.S. I suspect that the motivator, in addition to supporting Meles, was the notion of the ICU as providing a “safe haven” for al Qaeda figures, including especially suspects in the Kenya and Tanzanian Embassy bombings, rather than issues more specific to the civil war or otherwise of internal governance. Al-Shabab has a long history with al Qaeda connected foreign fighters in leadership, and al Qaeda’s involvement in Somalia predated the ICUs by many years, although al-Shabaab it did not publicly and formally declare allegiance to al Qaeda leader Ayman al Zawahiri and become an open affiliate until 2012.

In 2002 the United States Central Command had established its base in Djibouti for the Combined Joint Task Force-Horn of Africa.  In December 2006 the new “Africa Command”–AFRICOM–had been announced but did not become operational and take over the Somalia war in its Area of Responsibility until late 2008, or almost two years into the war. AFRICOM has continued to be headquartered in Stuttgart, Germany for ten years now and relies on the CJTF-HOA as its only formal “base” on the continent, although in layman’s terms it has many small “base-like facilities” with various “MILSPEAK” labels across the north and central parts of the continent. Journalist Nick Turse in particular has identified facilities for American readers who do not have the opportunity to see these locations for themselves by seeking records and public sources, while sparring with the AFRICOM public affairs function who seem to have orders to make sure only skeptics will report most of what AFRICOM does. Several of these facilities, such as Camp Simba at Manda Bay near the Somali border in Kenya, are particularly relevant to the warfighting in Somalia. See “Africa is a Command: from Bush to Obama to Trump“.

Following the Ethiopian action, in early 2007 the African Union AMISOM “peacekeeping” force was established to continue to defend the restored TFG and it’s internationally sponsored “transition”, with the EU funding the AU to pay for troops from Burundi, Uganda and other providers.  In October 2011 Kenya entered the war with a land invasion from the south and roughly nine months later in June 2012 formally enrolled their Kenya Defense Forces fighters in the AMISOM mission for reimbursement. In September of 2012 Kenya AMISIM conducted a successful amphibious landing and joint attack with the Somali National Army and local militia, taking over the lucrative port at Kismayo, a regional charcoal and sugar smuggling venue that was controlled by al Shabaab and had been their key urban center since they were replaced from Mogadishu in 2011. Kismayo is capital of the Jubaland region that Kenya has long seen as a potential buffer beyond its own underdeveloped and ethnic Somali frontier. At present, Jubaland’s nascent regional government, led by former local warlord, is negotiating the possibility of resuming cooperation with the nascent Somali Federal Government, successor to the TFG, and is to hold a presidential election in August. Kenyan forces over the years have suffered significant, but officially obscured, losses in major attacks on two of their positions, but have generally avoided any sustained pace of conflict in supporting the regional Jubaland administration. Smuggling reportedly continues to be lucrative and shared by the KDF with al-Shabaab and non-al-Shabaab Jubaland Somalis. Kenyans at home have suffered high profile terrorist attacks from al-Shabaab and its supporters from both countries and the Kenyan “frontier region” seems to be more contested than at any time in the last 40 years, although political devolution seems to provide some examples of integration-supportive development progress. See “Now to that next step: evaluating the Kenya Defense Forces role in Somalia and Kenya’s security needs“.

Over the years since 2007 the war has ebbed and flowed on a seemingly sustainable, semi-permanent footing.  Both the recognized government and al-Shabaab have territory and funding and some resilient will even if leadership seem frequently fluid. AMISOM expert and George Washington University Professor Paul Williams has suggested that AMISOM could reasonably hope to pass off to a Somali defense in as little as ten more years, which would mean we are slightly more than half-way through a 22-year mission.

For some reason, there seem to be disruptive elements in recent months aside from the continued high number of suicide bombings and the major January terror attack in Nairobi’s Westlands. First, there seems to be the strange notion that AMISOM should draw down troop numbers now because someone years ago guessed that something more like ten years rather than twenty would be adequate.  This strikes me as quite irresponsible.  Inertia is not a substitute for a strategy and tactics that adjust to interim successes and failures.

Second, the big increase in air strikes. The strikes are not explained other than announcements after each in which al-Shabaab fighters are said to have been killed and that the strikes were in support of operations of the Somali National Army and/or AMISOM or protecting our troops supporting same.  Reportedly we only have around 500 “warfighters” of our own deployed so it is the volume of air strikes rather than personnel that represent a significant change and raise the question why?

Sometimes, the question of the deployment of 500 American warfighters can achieve major political resonance with the United States–such as the recent back and forth within the Administrations about residual deployment numbers for eastern Syria.  Others, as in the case of Somalia seem nearly invisible.

Reading through the AFRICOM public communications, one gets the impression that the Command has a concern to re-assure our African “partners” (“partner” in this context means any government in the Area of Responsibility that is not off limits for reason of some egregious human rights situation or other policy matter that will agree to let us help them with training and capacity building in return for access and cooperation) that we are not going to abandon them to their “violent extremists” as we are calling the various Islamist guerrilla forces that use terrorism among their insurgency toolkits. 

The Trump Administration has announced that it is re-orienting American National Defense Strategy toward defending against major power competitors (i.e. Russia and China) rather than the “violent extremists”.  The timing may seem worrying to African defense leaders since the “violent extremist” problem is significantly worse in many areas now than when AFRICOM started in 2008, just as a recent CSIS report has documented what we all know casually: the situation has worsened globally (“Despite nearly two decades of U.S.-led counterterrorism operations, there are nearly four times as many Sunni Islamic militants today as there were on September 11, 2001.“)

In the case of AFRICOM, the official “MILSPEAK” term for a ten percent drawdown in American forces in Africa associated with the new National Defense Strategy is “Optimization”.  (One could suggest that this is the defense assistance analog to USAID’s “Self Reliance” focus coinciding with the Trump Administrations budget proposals to dramatically cut assistance budgets while increasing overall defense spending.)  Of course we are all in favor of being optimal, and self-reliant, just like we all want to be best, but these kind of words mean different things to different people, especially when used as public diplomacy labels to win support for changes in policy.

Could increasing air strikes seem to someone in the process in Washington a way to “show commitment” to fighting al-Shabaab even as our global posture shifts?  Could they indicate concerns of more al-Queda related transnational terrorists coming in with the territorial defeat of ISIS in Syria or otherwise?  Or if AMISOM is going to be allowed to draw down is there a desire to substitute air strikes or expedite the pace of fighting to keep al-Shabaab from waiting out AMISOM before the Somalia National Army is capable?  These are all just hypotheticals for me as an American not employed or contracted by my government to be personally involved beyond paying the taxes and preparing my children for the debt load.

Part of the challenge with Somalia is that we are not ready, at least yet, to acknowledge being “at war” even though there is not any serious factual debate about the fact that we are and have been.  The fact that we are fighting is not officially secret, but neither are we open about it.  We are not seeking public support in either the United States or in East Africa for what we are doing since we are willing to talk about it only in a way that is patently condescending rather than inviting engagement.

I have always wondered to what extent the war effort on Somalia, and the decision not to talk about it, hamstrung Ambassador Ranneberger and others who were supervising our democracy assistance and election preparation in Kenya. And once I eventually saw recently through FOIA that by April 2017 the Ambassador was describing a new approach of “building capital” with Kibaki rather than pushing reforms as per the older USAID program I would inherit within a few weeks, I am left with the heightened collaboration with Kenya during those initial months after the Ethiopian invasion as the most obvious change in facts that could explain the Kenya policy change. Was our failure in election assistance in Kenya with its devastating consequences facilitated by an unwillingness to discuss and account for Ethiopia and Somalia policy overlaps? If so, are we facing this kind of risk again as we escalate an air campaign without discussing why?

I am hoping that somewhere in my Government someone has come up with a new strategy for this war and that it went up the military and ultimately civilian chain-of-command before we started this escalated air campaign. The other possibility is pure self-perpetuating institutional “mission creep” which would be disturbing and irresponsible:

The escalation of airstrikes, as well as the introduction of manned gunships, has transformed the Defense Department’s Africa Command, based in Germany, into a war-fighting element akin to Central Command, which directs the wars in Iraq, Syria and Afghanistan. Africa Command, which was created only in 2007, has stressed that its role on the continent is to focus on training and equipping allied troops on the continent, but the rise in strikes points to a change in both posture and mission. Current and former American officials previously told The Times that there wasn’t one clear reason for the increase, but they noted that the drawdown of American military operations elsewhere in the world has given Africa Command more drones and gunships to use in Somalia. The loosening of regulations under the Trump administration on using force in the country has also contributed to the rise.

See “At War: This New Generation of Weapons Could Mean More Covert Airstikes Around the World”, March 27, 2017, NY Times Magazine.

 See “Somalia and the Limits of U.S. Bombing“, a prescient warning from Jon Temin, now of Freedom House, early in the Trump administration.

For the KDF role, see “Why an open-ended military campaign in Somalia may prove to be very expensive“, Andrew J. Franklin, Business Daily Africa, Dec. 7, 2011.

For background please start with Kenyan writer Rasna Warah’s “War Crimes: How Warlords, Politicians, Foreign Governments and Aid Agencies Conspired to Create a Failed State in Somalia” and the recent “Inside al-Shabaab; The Secret History of Al-Qaeda’s Most Powerful Ally” by Haron Maruf and Dan Joseph, reviewed here in Hiiran Online.

Podcast recommendation: over the past six months Travis Adkins’ “On Africa” from Washington has been a great resource

Djibouti IGAD Election Observation Mission press conference led by Kenya’s Issack Hassan of IEBC

There has been an explosion of great work in English relating to Africa in the podcast genre recently, and as an amateur I am way behind in sampling the free learning available just from time constraints. Today I want to flag the relatively new “On Africa” podcast hosted by Travis Adkins which has been a great teacher for me.

Start with Episode One, on October 4 of last year with Amb. Johnnie Carson, who has lived the history of the relationship between the U.S. and Zimbabwe, on “Zimbabwe after Mugabe.” November 6 on Cameroon as an “Electoral Dictatorship in Crisis” with Dr. Chris Fomunyoh of NDI was especially helpful for me since I focus on East Africa and do not have much background on the unique challenges there. Dr. Fomunyoh is a native of Anglophone Cameroon but attended university in Francophone Cameroon and has been a high level fixture for many years at NDI where he is Director for West and Central Africa.

Episodes of December 19, 26 and 31 on Sudan and South Sudan with Amb. Susan Page were especially good. Amb. Page has a personal background with the negotiations leading to the 2005 provisional government, served as NDI Regional Director and was appointed by President Obama as the first U.S. Ambassador following South Sudanese independence–so again, a sweep of recent history on into current events from an “insider” perspective.

Most recently for me, the February 13 episode with Zach Vertin, former diplomat now at the Brookings Institution Doha gives a 39 minute dive into the current “Red Sea Rivalries” shaking up international relations in the Horn of Africa region. Partin has a new book out on the birth of South Sudan which sounds fascinating and I have on my list.

Most of the best Africa podcasts I have been able to take time for in recent years have been more of an academic nature–what Adkins is doing at “On Africa” with accessible overviews of high level politics and diplomacy with people directly involved is a welcome addition for someone like me who wants to deepen and broaden their knowledge as an interested citizen with limited time due to other responsibilities.

So who “went native”? The Ex-Ambassadors’ greatest hit: “Sweet Home Kenya” [updated]

Could one make a case that perhaps it was not me after all, but more the Ambassador and/or others at the State Department who “went native” in Kenya over the 2007 election controversy (and in other situations)?

Interesting to think about as things have played out.

My memory was most recently jogged in seeing that James Swan, a distinguished diplomat who served as Deputy Assistant Secretary of State for African Affairs and signed off on some of the materials related to the 2007-08 Kenyan election controversy that I have obtained through FOIA and written about here over the years, has retired to a Nairobi post with the Albright Stonebridge Group business/investment advisory. (Albright Stonebright Group offers “commercial diplomacy” and advisory services and owns a substantial part of the equity of Albright Capital Management which in turn runs private equity funds out of the Cayman Islands which have investments in other funds and businesses with interests in Kenya, the Democratic Republic of Congo and other countries in the region. The Albright is former Secretary of State Madeleine, the NDI chair.)

Also one of those strange articles in The Daily Nation this past week, drawing on a particular bit of older Kenyan political history: the article notes that Ambassador Kyle McCarter will soon take up his post in Kenya for the United States, and that the first American Ambassador to Kenya, William Attwood, had acquired property in Kenya and wanted to retire there, but was banned from staying or returning to the country by Jomo Kenyatta who was angered by his act of publishing his memoir, The Reds and the Blacks. Without explaining specifically what Kenyatta was offended by, the article cites some of Attwood’s material about his perception of Cold War tied machinations involving the competition between Oginga Odinga and Kenyatta and allegations of Odinga’s separate East-bloc arms imports. It then notes Ambassador Ranneberger’s re-marriage to a Kenyan and his vacation home on the Coast at Malindi. (Interesting is the omission of any reference to Ambassador Smith Hempstone and his memoir, Rogue Ambassador, which details his interaction with “the second liberation” and his impressions of Raila Odinga and Mwai Kibaki.)

Maybe Ambassador McCarter is being reminded not to step too hard on certain toes so that the Government of Kenya remains cooperative with his family’s longstanding mission work in Tharaka Nithi?

The topic of “going native” came up for me in early 2010 when my security clearance was up for renewal for my job as a lawyer for Navy shipbuilding contracts where I had returned after my leave of absence to work in Kenya for the International Republican Institute in 2007-08. I filled out the detailed paperwork listing my foreign contacts over the previous years, including my work for IRI in Kenya, Somaliland and Sudan (later to be apparently stolen by Chinese hacking from the Office of Personnel Management) and had my interview with a retired military officer who had served in Somalia in the early 1990’s and thus knew the region.

I did not know how to initiate an explanation in my interview that I had gotten into a “he said/he said” with Ambassador Ranneberger about the 2007 Kenyan election on the front page of the New York Times but I expected it to come up in some form. After the interview, I got a follow up: was I sure that I had been loyal to the United States as opposed to acting on conflicting loyalties to Kenya–had I had gone native? I answered clearly and unequivocally. Essentially I asserted the lawyerly equivalent of the courtroom objection: “asked and answered”. “I already told you I was a loyal American before someone fussed — I have nothing to change.” Apparently this was satisfactory as I did not lose my clearance (and thus my job).

Jendayi Frazer, Asst. Sec. of State for African Affairs during the second G. W. Bush Administration and Swan’s superior during the 2007-08 Kenyan election imbroglio, maintains a home in Nairobi as I understand, and was the primary international spokesman, informally, for the “Uhuruto” campaign in 2013, accusing then Asst. Sec. State Johnnie Carson of “interfering” in the campaign by suggesting that the election of crimes against humanity suspects could have “consequences” in trying to tamp down the use by the Uhuruto campaign of a statement by President Obama that was asserted to bolster a claim that the U.S. had no concerns about the issue. Frazer has business interests in Kenya and with the Kenyan government, through the the Kigali domiciled but Kenya based East Africa Exchange commodity platform arising out of a partnership between Swiss trader Nicholas Berggruen’s Berggruen Holdings and the East African Community. See my previous post here. Frazer and a Berggruen representative are also on the board of the Mastercard Foundation based in Toronto which has extensive programs in the region. Frazier is an Advisor for Rice Hadley Gates, the international consulting firm of of her colleagues from the Bush Administration (Robert Gates also stayed on as Obama’s Secretary of Defense; Hadley was Rice’s Deputy National Security Advisor during the inception of the Iraq War and took over after she went to State where she brought over Frazer; Hadley also turned his experience to the chairmanship of the United States Institute of Peace. Carson has since retired from the State Department and is also affiliated with the Albright Stonebridge Group as well as the United States Institute of Peace and NDI.)

The cases of Attwood, Frazer, Swan and Ranneberger, if nothing else, are examples of the “Nairobi Curse”, demonstrating the advantages that accrue to Uhuruto in controlling access to permission to live and work in Nairobi.

Another famous case showing the “flipside” is British High Commissioner Edward Clay who complained of the milder-than-now corruption in 2004 that senior officials of Kibaki’s first Administration were eating as “gluttons” and “vomiting on [the] shoes” of donors who had stepped up to attempt to alleviate poverty and sickness among Kenyans. After his term ended in 2005 he continued to speak of corruption and was informed by then Kibaki Justice Minister Martha Karua during a BBC appearance during the early 2008 Post Election Violence in the wake of the stolen election that he had been declared persona non grata and banned from returning by the Government of Kenya in retaliation.

And of course there is the purge of the IFES Country Director during the 2017 Uhuruto re-election campaign.

[Update: to be clear, my point here is about the relationships and dependencies of individual Americans to the Government of the day in Kenya and Kenyan politicians in power, not to get into the merits or demerits of specific investment activity. I think it is good for Americans to be in Kenya and Kenyans to be in America. In concept, Frazer’s East African Exchange, for example, seems to offer potential benefit to small farmers, although the authorities in Rwanda and Kenya have a track record of contradictory priorities, so it is hard to know what to expect. As far as ASG and the associated private equity funds, I would think Nairobi is heavily served on the consultancy side but there is always a need for private direct investment in the region in the abstract, through the Caribbean or elsewhere, with the devil in the details of particular investments.]

State Department announces sanctions on head of DRC election commission and constitutional court for “significant corruption”

Good. Let me appreciate this action by the State Department to address a corrupt voting process and pull back from previous language that skipped over what seems to be the reality of what happened.

Here is the statement.

It would seem that collectively we (the U.S.) want to recognize Tshisekedi as fait accompli and “not Kabila”, and make the most of the opportunity for a better relationship and progress while still holding a small flame against election fraud for the future and not be “complicit” in covering it up. I very much approve of not being complicit in a cover up even if we are just trying to make the best of the situation with good intentions.

In Kenya in 2008 we issued private travel sanctions against two members of the election commission, the then ECK, for suspected bribery, but said nothing publicly. In that case there was violence from the election fraud and we had withdrawn our initial congratulations. We never disclosed the sanctions or the issue or evidence regarding the bribery but I learned of the matter from a Daily Nation story from a stolen cable from Wikileaks:

The Daily Nation– “What the cables say” (Feb ’08 US visa warning letters sent to ECK commissioners suspected of accepting bribes to fix vote tally) Mar 2 ’11 The link is apparently dead now; for discussion of the story please see Part Seven of my series on the page “The Story of the ’07 Election Through FOIA” under “The War for History Series: was Kenya’s election stolen?.

The public sanctions now, to me, are a step forward in responding to election corruption and I appreciate that we are taking this step. I also appreciate the many people influential in Washington who have spoken out publicly on the problem and laid the groundwork for this, noting Amb. Michelle Gavin at CFR and Joshua Meservey at Heritage. And of course Nic Cheeseman of Democracy in Africa and the University of Birmingham has been a ubiquitous friendly voice for the democratic process throughout.

As discussed in my previous post “Foreign Policy article gives insight on disagreements within Trump administration on backing off on criticism of flawed DRC vote” we learned a good bit about the intergovernmental back and forth on the U.S. side on these issues from the work of Robbie Gramer and Jeffcoate O’Donnell. (As I wrote I know there was some of this in Kenya 2007 but no one seems to have been willing to write about it yet and I only have pieces.)

So, what’s next?

Challenging Nigeria International Election Observation may present tests of character (2nd update on lobbying/funding) #NigeriaDecides

International Election Observation Mission members, including those from IRI/NDI, are arriving in Nigeria for the general election Saturday in a difficult environment.

Although invited by Nigeria’s government there has been at least one unwelcoming statement and no one could deny that this is a hard job simply from the stakes of the election, the instability in some areas, the poverty and underdeveloped infrastructure faced by large portions of the voting population and the simple relative newness of regular competitive elections.

International election observation, which focuses on civil and political rights, is part of international human rights monitoring and must be conducted on the basis of the highest standards for impartiality concerning national political competitors and must be free from any bilateral or multilateral considerations that could conflict with impartiality. It assesses election processes in accordance with international principles for genuine democratic elections and domestic law, while recognizing that it is the people of a country who ultimately determine credibility and legitimacy of an election process.

Quoted is the standard of independence and impartiality to which the USAID-funded NDI/IRI International Election Observation Mission is pledged under the Declaration of Principles for International Election Observation (Oct. 2005).

The IRI/NDI Nigeria 2015 Observation Mission was funded directly by the State Department so shifting back to USAID funding this time is one of the positive things that I see as having potential to help preserve independence and maintain clarity between an Assistance Observation and a Diplomatic Observation to the benefit of the process.

See my post “President Trump’s Asst. Sec. of State for Africa candidly explains why election observation and technical assistance have to be ‘fire-walled’ from diplomacy to have integrity” for a current discussion and further links.

The joint IRI/NDI EOM model has positives and negatives in terms of actual and perceived independence. In Nigeria where democracy assistance is confronted by “resource curse” funded problems and lobbyists working “both sides of aisle” in Washington at a unusual level for an “African election”, along with prominent American campaign consultants usually involved, the joint model seems to me to have some important advantages over IRI or NDI doing a nonpartisan mission on its own, in-spite of the tradeoffs (alternatively you could go with the Carter Center as an “outside the beltway” if politically connected choice, or Democracy International as a truly private entity).

IRI in Africa from my now distant view has come quite far from some of the vulnerabilities that we faced in the 2007 Kenya Election Observation–experience is the best “capacity builder” and institutional funding and attention are now much more appropriate to the scope of the job. Some of my old Kenyan friends and colleagues who did such a great job running things on the ground in 2007 have stayed on and climbed the ladder. And we can expect this election in Nigeria to be better than their 2007 election, observed by many involved this year, as well.

Since Nigerian elections are always high profile and “on the map” in Washington there is no danger of overlooking the situation from that front. This Observation is long-planned and expected and well-funded; there have been an ongoing series of pre-election missions with reports on preparations. Likewise these observations have been going on with regularity throughout this century–and we’ve even been through the scenario of an incumbent seeking re-election during the Boko Haram war.

At the same time, you need no expertise to know that national elections are always challenging in Nigeria and that while cumulative progress has been made in some areas there are some particular concerns that have been reported on and discussed by this Observation Mission and others in the donor governments and media.

Thus, there may be hard calls ahead for the Observers, both on concerns they have already highlighted and from unexpected events as the voting, counting and disclosing play out.

American lobbyist and Ellen Johnston Sirleaf advisor Riva Levinson articulated part of the present challenge well in The Hill in Washington over the weekend: “At Risk: Credibility of U.S. democracy promotion in Africa“. Johnston Sirleaf is in Nigeria as lead observer for the ECOWAS intergovernmental Election Observation Mission and was co-lead for the most recent IRI-NDI Mission, “ZIEOM” in Zimbabwe.

UPDATE (Feb 12): Riva Levinson and her firm KRL are “registered foreign agents” in Washington for Retail Express Limited of Lagos, Nigeria. The Foreign Agent Registration Act filing from September 30, 2018 identifies this client as a “limited partnership which supports the goals of the Senate President of Nigeria, Dr. Aubakar Bukola Saraki, to engage international stakeholders in support of free and fair national elections in February, 2019, seek a level playing field for opposition parties, and convey the core tenants of the Senate President’s vision for the future of the country.” (She also currently lobbies for the Ministry of Foreign Affairs of Liberia and the Ministry of Finance of Ghana.)

Sakari lost the now-opposition People’s Democratic Party (PDP) nomination to Atiku Abubarka but stayed in PDP, having defected from the All Progressives Congress (APC) of Pres. Buhari in July. The PDP itself hired Ballard Partners as its Washington lobbyists for a year at $1,080,000 two days before Retail Express hired KRL.

Recent former diplomat and Council on Foreign Relations Africa lead Amb. Michelle Gavin had a notably hard-hitting CFR blog post last week headlined: “The Truth About United States Complicity in DRC’s Fraudulent Election” although in the text she just covers the macro level issue of diplomatically blessing an election whose official result was contrary to all available evidence.

We in the U.S. got partially off the hook in the DRC where the incumbent Kabila did not invite U.S.-funded or other international observers beyond the African diplomatic groupings (although I learned from Levinson’s piece that we provided funding for the Catholic Church run ‘Parallel Vote Count’, a fact I totally missed in the news reporting. USAID’s website indicates we were also providing “technical assistance” to the election management body CENI itself (!) which again I missed somehow in the news reports. These facts may have informed Gavin’s view even if the journalists that I read did not take notice.)

Update II (Feb 18): As it turns out, the U.S. not-for-profit IFES continued USAID-funded work with CENI, along with its partner IRI in the Coalition for Electoral Process and Party Strengthening (CEPPS) according to a brief overview on IFES’s website, and continues to work with CENI toward local elections. CENI hired its own Washington lobbying firm in 2018, Avenue Strategies, founded by former DJ Trump campaign manager Corey Lewandowski (he left and set up a separate firm before the CENI contract). In January 2019 after CENI named Felix Tshisekedi as president-elect, Avenue Strategies also signed on to represent Tshisekedi as president-elect and now president.

Presumably, then, under the CEPPS mechanism USAID funded the third partner, NDI, for the work with the Catholic Church Parallel Vote Count. I will contact USAID to confirm the arrangement and see if they are willing to release any contractual details without a formal Freedom of Information Act request.

The Carter Center stood firm in calling out Kabila’s 2011″re-election” as failing to meet international standards. The State Department followed along in declining to bless the election and offering technical assistance to address irregularities back then, unlike the current situation which Levinson and Gavin question (although the diplomatic impetus for remediation at the presidential level in 2011 went away quickly).

See Dr. Carl LeVan’s Homepage “Development for Security” blog for an overview of the Nigeria election contest. Likewise, Amb. John Campbell’s “Nigeria’s Election: What to Know” at CFR.

Here is my piece from The Elephant in the wake of Kenya’s judicially annulled 2017 presidential election: “Free, Fair and Credible? Turning the Spotlight on Election Observers“.

[UPDATE III: here is the Preliminary Statement issued by the IRI/NDI Observation on February 25, after the delayed vote of February 23.]

International Election Observation Mission IRI Kenya Kibera Lavington Nairobi 2007

Foreign Policy article gives insight on disagreements within Trump administration on backing off on criticism of flawed DRC vote

Foreign Policy has published a piece reporting significant internal dissent from the reversal of the U.S. position from significantly negative to largely positive on the recent DRC election:

. . . .

In a series of preliminary statements crafted by the team and released by the State Department on Jan. 3, 10, and 16—before confirmation of the final results—the United States sharply condemned reports of election-related interference and violence. The Jan. 3 statement included a threat that people involved “may find themselves not welcome in the United States and cut off from the U.S. financial system.”

With the Constitutional Court’s decision to confirm the election later in the month and with news of widespread election fraud, the group drafted a new U.S. response on Jan. 23. It noted the election results rather than welcoming them—a diplomatic way of signaling displeasure—and condemned the “deeply flawed and troubling” election, according to a draft reviewed by FP. It also stated that Congo’s electoral commission “failed to live up to the responsibility” it had to carry out elections fairly and ivowed that the United States would “hold accountable” any figures engaged in election fixing or violent crackdowns on any ensuing protests.

But none of this language made it into the final statement. Instead, Washington welcomed the results and declared itself committed to working with Tshisekedi. The revised statement made only passing mention to “electoral irregularities.”

Michael Hammer, the U.S. ambassador to Congo, along with Michael McKinley, a senior career diplomat advising Secretary of State Mike Pompeo, pushed for the revised statement, according to three U.S. officials. The department’s third-ranking official, David Hale, ultimately signed off on it, the officials said.

Senior U.S. officials in other agencies and some State Department officials—including the special envoy for the region, Pham—were kept out of the final decision entirely and did not know that a shift in policy was in the works, officials told FP. They said some officials found out about the shift in policy only once the statement came out. It left some of them fuming.

“If we said we’ll hold the government accountable … and five days later we congratulate a bunch of thieves, what good are our threats?” one senior U.S. official said.

One former State Department official familiar with the process said the implications went beyond Congo. “It was just a stupid decision to release that statement, a statement that has much bigger bearing on U.S. government democracy promotion in Africa,” the former official said.

The State Department, USAID, and NSC all declined to comment for this story. A State Department spokesperson also did not respond to a request to interview the senior diplomats who FP was told were involved in the process. . . . .

This is the kind of thing I always had hoped to see about Kenya 2007 where the U.S. initially relied on what my FOIA research indicates was a pre-determined blessing of Kibaki’s alleged re-election even after Ambassador Ranneberger witnessed vote totals being changed by the Kibaki-controlled Electoral Commission of Kenya and reported some pre-knowledge of unlawful rigging plans and conduct. In the face of violence the initial congratulations were withdrawn and the State Department pivoted to support a negotiation to include the opposition in a sharing of power with Kibaki. I know that there were differing internal opinions but I have never seen this level of public reporting on the internal debate.

Some of this may reflect differences in the internal environment and reporters’ expectations and aspirations during the Bush and Trump administrations as well as “the times” more generally. Regardless, I am glad to know more about how my government made this decision and encouraged that the problems with the positive statement final statement on the were recognized by some of those involved.

On the Congressional side, here is the January 18 Statement from the incoming Republican Ranking Member on the Foreign Affairs Committee:

Washington D.C. – House Foreign Affairs Committee lead Republican Michael McCaul (R-TX) released the following statement on the fraudulent election in the Democratic Republic of Congo (DRC).

“After eighteen years of the Kabila regime, the Democratic Republic of the Congo had a historic opportunity to give its people a voice by holding free and fair elections. Millions of Congolese bravely went to the polls to cast their vote amid long lines, intimidation and violence. Unfortunately, the fraudulent vote count does not demonstrate the will of the people. 

“I commend the African Union’s call for transparency and credible election results. All parties must refrain from violence as this process continues. It’s imperative for the United States and the rest of the world to stand with the Congolese people to demand an accurate vote tally and I urge Secretary Pompeo to fully engage at this pivotal moment. All individuals who impede this democratic process must be held accountable.”

I would also like to know more about slightly more gradual process of walking back the substance of our objections to Kabila’s 2011 re-election vote during the Obama administration.

Lake Edward into Congo

 

 

As U.S. Mission in Kenya passes from Godec to McCarter, Africa Confidential explains how Kenyan politics is still “frozen” in 2005-07 “time warp”

Africa Confidential ‘s free January Kenya article is a must read for anyone in Washington charged with engagement on Kenya over the next three years.

“Three’s a crowd”

Kenya’s political landscape in 2019 will be dominated by two-way competition between Deputy President William Ruto of the ruling Jubilee Party and former Prime Minister Raila Odinga of the Orange Democratic Movement (ODM), as each man positions himself for the presidential election of 2022. Each will be trying to cobble together a winning coalition by buttressing his ethnic stronghold and winning over the ‘swing’ votes in regions such as Maasailand, Kisii, Luhyaland and the Coast.

President Uhuru Kenyatta‘s mantra is that the time for party politics is over and that all leaders should concentrate on economic development, based on his signature ‘Big Four Agenda’ (food security, affordable housing, manufacturing, and affordable healthcare), and reconciliation, based on the ‘Building Bridges Initiative’ agreed between him and Odinga last March. He will continue to state this line, arguing that he wants a legacy of an ethnically united Kenya, and will continue to reach out to former opposition leader Odinga and his Luo people.

Both Odinga and Ruto will on the surface claim they support the Big Four and Building Bridges even as they continue their individual campaigns and trade acerbic barbs. Many Kenyan pundits say the only person who has not grasped the new reality is Kenyatta, as he continues to insist on a politics-free country until 2022. . . .

Relatedly a friend got me a copy from Kenya of John Onyando’s recently published “Kenya: The Failed Quest for Electoral Justice” which I am reading with great interest. (Hoping this will be published internationally soon.) Most significantly so far I finally have an insider’s account of one of the key mysteries from the current, post-2002 era in Kenyan politics: what happened to cause the dropping of the Prime Ministry in the final maneuvering for the 2010 Constitutional referendum? Preserving an exceptionally powerful unitary executive Presidency was the key issue in Kibaki’s dumping of his MOU with Raila, et al, and the defeat of the “Wako Draft” constitution at the 2005 Referendum by what became the “Orange Democratic Movement”. Thus it was a bit of a shock to see Raila and ODM leading the “Yes” campaign along with Kibaki in 2010 for a new draft constitution where even the weak Prime Minister position that Odinga then held was completely excised.

[Here is my blog post from March 13, 2010 showing what I knew about the jockeying at the time: the ODM side wanted to go forward with Parliamentary approval of the draft as it was, while PNU (and Ruto) wanted to retreat to Naivasha to consider “amendments” with “retired President” Moi saying he would oppose the referendum without amendment. Ultimately the Naivasha retreat happened and the private vote Onyando’s book describes was facilitated.]

Any explanation of why the Prime Ministry “went away,” as it was put, was one of the more conspicuous gaps in Raila’s autobiography “The Flame of Freedom“.

On paper the 2010 Constitution as passed at the referendum in July of that year does have a variety of intricate mechanisms of reductions of individual power for His Excellency the President at the national government level, but since they are not self-executing and there is no Prime Minister or other potentially independent power center, once the 2013 election was decided for the Uhuruto ticket, Kenyatta has as one would expect largely worked around them, if not explicitly eviserated them legislatively using his control of Parliament.

According to Onyando, by the time of the final politicians’ cut on the 2010 draft constitution arising from the February 2008 National Accord to settle the Post Election Violence, the Opposition/ODM/Raila side had already lost Ruto to Kibaki/Kenyatta to the point that the President’s side gained three votes aligned with Ruto among those allocated to the Opposition among the group. Thus the Kibaki/Kenyatta side was able to write out any direct sharing of executive power under the new dispensation to follow the Government of National Unity. Raila went along on the basis that there was enough reform with partial devolution to 47 new counties and other provisions to warrant a “yes” versus a “no”.

It is noteworthy that even Africa Confidential is offering their current 2019 assessment without reference to specific terms of the Uhuru-Raila “handshake” of March 2018. I am not comfortable doing any real handicapping of the 2022 race myself or saying too much about current Kenya politics without being privy to the actual details of the deal.

Along these lines, this week saw on Wednesday both the first anniversary of Raila’s mock swearing in at Uhuru Park and the tenth anniversary of publication of the New York Times piece, “A Chaotic Kenyan Vote and a Secret U.S. Exit Poll“.

Looking back on my personal experience it is notable to me that Ambassador Ranneberger and I contradicted each other on at least three separate points of fact in our respective interviews with The Times on the 2007 Kenyan election controversy (mine with Mike McIntire in the U.S. and his with Jeffrey Gettleman in Kenya) but I did not lose my security clearance, and had it renewed the next year when it came up so I was able to continue my career as an attorney working on U.S. Navy shipbuilding programs. I suspect I might have had some difficulty if it were not recognized that I had in fact been honest. Had I been a Kenyan (or Chinese for example) citizen it would have been unthinkable to hope to “get away” with being truthful in contradiction to a senior public official in this way without expecting to loose my job and likely go to jail or be killed.

All this is to say that my experience with Kenyan politics over these last many years has richened my gratitude for the freedom and security my family and I have experienced as Americans and my wish for the same someday for Kenyans. (In case you are new to the blog, here is my piece from The Elephant that they headlined “The Debacle of 2007: How an Election Was Stolen, and Kenyan Politics Frozen, With U.S. Connivance“).