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

What Will Jendayi Do? Reading “tea leaves” on Kenya’s next presidential race (revised)

[This post is revised to reflect a correction and revision from the East African.]

The East African made an editorial slap at Michael Ranneberger and Jendayi Frazer in its “Cry havoc, and let slip the U.S. ex-diplomats” last Saturday to which I added a link in my last post regarding ex-Ambassador Michael Ranneberger’s deal with Salva Kiir:

Michael Ranneberger, whose controversial tenure as United States ambassador to Kenya is well remembered, is the managing partner at Gainful Solutions.

Comparing his posture back then, his flip from the high priest of justice and human rights, to the devil’s advocate cannot escape attention.

Former assistant secretary for African affairs Jendayi Frazer, is another US top gun diplomat who is well known for her consultancy services across East and Central Africa since leaving US government service.

At issue here is whether American diplomacy, as represented by Frazer and Ranneberger, subscribes to any universal values at all. It is obvious that the duo are exploiting the networks made during their career, to make hay today.

In an ideal world, the stakes in South Sudan are so high, that they should be adequate incentive for anybody to think beyond the short-term gains an individual could make out of the situation.

Ultimately, however, external interference cannot be discussed without examining the role of the African politician who has been a willing accomplice by shunting aside the national interest in favour of self-preservation. [this is EA revised text]

Dr. Frazer usually makes appearance in the media in Nairobi for business dealings related to the Jubilee Administration, along with one appearance a few months ago meeting with controversial Mombasa Governor Joho identified as a discussion on “countering violent extremism” on a MasterCard Foundation trip.

REVISION NOTE:

[(East African) EDITOR’S NOTE: This article has been corrected to remove the association earlier made between big infrastructure projects in Uganda and Ms Jendayi Frazer. Ms Frazer has not been involved in any infrastructure deals in Uganda and her name was inadvertently mentioned in that segment of the leader. We regret the error.]

See also.

Editorial criticism of Ranneberger and Frazer of this type is not the East African’s usual approach, as reflected in the defection of many of their Nation Media Group opinion columnists to The Elephant’s East African Review, as well as to The Standard, in the wake of the handling of coverage of the Uhuruto re-election fiasco in 2017-18 and Jubilee crackdowns on the media. Some years ago the East African passed up a friend’s offer to put together my experience and investigation from this blog on how Ranneberger and to some extent Frazer played the 2007 Kenyan election while they were in the State Department from my “War for History” series.

So kudos to the East African now for calling this issue out editorially, even if the news departments have not been covering these developments in the past. Maybe that can change.

One of my questions in looking at the current Kenyan presidential race has been how Dr. Frazer will play it, especially given that there is no way to know now who will be in power then in Washington. Assuming that the current “handshake” holds and that Frazer’s first relationship is with the Kenyattas, would she affirmatively step up for Raila in the face of a serious challenge from Ruto in a competitive “two-horse” presidential race? Or would she approach this differently? (She was firm in her position that what was done in the Rift Valley in the wake of the 2007 election fraud was “ethnic cleansing” even though “Main State” would not adopt her terminology, so it would arguably seem pretty awkward for her to support Ruto, wholly aside from the current corruption situation with Ruto). She was vital to the Uhuruto ticket in the 2013 race and to its perception and reception in Washington in the Obama years thereafter to my way of thinking. Getting called out publicly in the East African and not just having dealings with Uhuru and Kagame is a wild card.

When The Star had me write some columns in the spring of 2013, they headlined the one dated March 23 challenging Dr. Frazer’s support of the Uhuruto defense in the Supreme Court of the IEBC’s questionable numbers to avoid a runoff after “failure” of the Results Transmission System in the election petition by civil society and the opposition as “Jendayi Frazer lacks moral authority“. Read the whole piece if you are interested in Kenyan elections or U.S. democracy assistance, but I concluded:

The thing that is most striking to me about this now, in light of the current litigation about the manual vote tally by the IEBC in this election, is that Jendayi Frazer was the head of the Africa Bureau at the State Department during 2007-08 when the previous Exit Poll was withheld and the misleading “press guidance” put out [by the Africa Bureau as I had just learned from FOIA]. Today, as a private citizen, Dr. Frazer is aggressively arguing in the Kenyan press and in the press back in Washington to once again uphold the disputed work of the Kenyan election officials against the concerns raised by the opposition. I cannot justify how this was handled when she was in charge in 2007 and 2008.

When I had the opportunity to meet Dr. Frazer the first time later I did apologize to the extent of noting that the phrasing of the headline itself was not something that I myself would personally have written, although I stand by the content of what I did write. When I published “The Debacle of 2007: How Kenyan Politics Was Frozen and an Election Stolen with U.S. Connivance(again, the headline is not mine) in The Elephant in June 2017, I focused primarily on my direct dealings with Ranneberger. Frazer’s exact role as his superior and the intentions of any formal policy beyond the law as such have never been made fully clear. Ranneberger’s cables as provided under FOIA from before and immediately after the election leave gaps and questions as to what was reported to Washington before Frazer and later Rice were dispatched to Nairobi starting several days after the vote during the post-election violence (although it would be unfair to Ranneberger to make assumptions from that circumstance alone, and various facts were misrepresented in Washington after the vote regardless.)

More broadly, I have agreed with some of Dr. Frazer’s many policy approaches and disagreed with some. What I would think about her personal integrity regarding the 2007 election would depend on whether she was acting per instructions of policy or making it herself. In 2013, I did not appreciate her public role and have not qualified my reaction based on anything I seen since.

At the same time, Frazer seems to have been a primary architect of some policy approaches in Africa that were quite positive and that left the U.S. in better stead in the G.W. Bush years in Africa than elsewhere, in spite of conspicuous controversy regarding Somalia. Arguably with PEPFAR and other initiatives there was some actual “compassionate conservatism” undertaken in SubSaharan Africa even as the anti-compassionate forces reflecting the Vice President’s approach changed the direction of the Bush Administration foreign policy elsewhere in the wake of 9-11. Post-Bush Administration she is relatively ubiquitous in elite U.S. institutions associated with Africa, especially as an African-American as well as her various “Afrocapitalism” engagements. So in that regard she earned respect and a willingness on my part not to assume the worst even if there are some things that look bad.

Ultimately, in spite of the fact that she tends to be quite assertive in her positions, I find her to be a bit of an enigma really. Regardless, anyone as involved in as many things in as many places as she is is going to be wrong some of the time. As a diplomat that involvement may not always be optional absent resigning, but it is a choice for a private citizen.

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“).

When did Ruto and Uhuru fight? And why is the “Uhuruto” alliance allegedly so surprising?

Today is the third anniversary of the “AfriCommons Blog”, so let me celebrate by being a bit direct.

I lived in Nairobi with my family during the last Kenya elections campaign and the duration of the post-election violence. I certainly saw both Uhuru and Ruto in Nairobi during the uncertain post election period, and they were on local television as well–serving in Parliament together and carrying out their functions as members of the political class. Never saw either with a police rifle, a panga or a can of petrol. No recollection of seeing either of them in the slums or other types of neighborhoods where most of the violence in Nairobi took place.

Rather, the ICC has accused them of being involved in the incitement, organization and funding side of the organized part of the post election violence or PEV.

I don’t recall ever seeing any indication that the two had any type of personal animosity between them or couldn’t get along between themselves. Could be, but not necessarily obvious from the context of funding militias and gangs in the hinterlands on opposite sides of a political tussle. In terms of the political debate it was Martha Karua that squared off with Ruto during the ECK “vote counting” at the KICC and the post-election negotiations.

When I moved to Kenya in June 2007, less than seven months before the elections, Uhuru and Ruto, along with Mudavadi, Raila and Kalonzo were in ODM-K (later to become ODM) and all were running against each other for the opposition presidential nomination through their mutual coalition. Uhuru was KANU leader and titular Leader of the Opposition in Parliament. They were all rivals, but all against Kibaki. Uhuru and Kalonzo split off the main ODM, with Kalonzo running as ODM-K nominee as a “third party” and Uhuru switching sides to Kibaki/PNU, presumably at least in part because he could not hope to get re-elected to his seat in Parliament in Central Province otherwise. (And maybe he was looking to 2012/13.)

If there was a question of anyone not getting along personally, it was more about Kalonzo and Raila than Uhuru and Ruto.

It just seems naive to me to be especially surprised that Uhuru and Ruto would hook back up–and most especially so when they are in a serious jam together with the ICC charges.

Did Uhuru oppose Moi because of Moi’s role in the related violence in the Rift Valley around the 1992 and 1997 elections? Seems to me he stayed in KANU and was anointed as Moi’s candidate for the succession in 2002. Perhaps if he did, as accused, get involved in using the Mungiki in post-election violence in Naivasha and elsewhere, could it have been for instrumental political reasons rather than some atavistic “tribalism”? Has Ruto ever supported a non-Kalenjin candidate before? (hint: Uhuru in 2002)