Thoughts on Devolution in Kenya

As Grossman and Lewis show in this paper, a lot of decentralization efforts in the developing world have not resulted in greater capacity or control of policy by the devolved units. But there are exceptions, like in Kenya where since early last year 47 subnational units (Counties) have come into existence with a constitutionally mandated (at least 15%) sharing of ordinary revenue between Nairobi and the counties. In the 2014/5 financial year about 32.4% of the most recently audited ordinary revenues (2011/12) will go to the Counties. The revenue sharing is governed by a strict formula (with population, geographic size, and poverty rate weights) in order to limit the discretionary powers of officials at Treasury.  More crucially, the County heads – a governor and a County Assembly – are directly elected, not appointed as is the case in most of the instances of “fake decentralization” noted by Grossman and Lewis.

ImageThe quote above from the governor of Mandera County in the northeast of Kenya sums the potential impact of Kenya’s brand of devolution.

Yes, in the interim there will be massive corruption, insufficient absorption, weak capacity for implementation and the like.

ImageBut the important point is that Kenya’s new government structure has 47 capitals handling billions of shillings each year. If all else fails, the system will at least create strong politically autonomous regional elites with sufficient power to check Nairobi. And that is a fantastic thing. Already a few governors (including Nairobi, Machakos and Bomet) have broken ranks with their sponsoring parties, evidence that the interests of the national parties and County governments will not always be aligned. And if the last two fiscal years are any indication, the political pressure on the national government to overshoot the 15% minimum requirement will continue to hold. Those perceived to be enemies of devolution will be punished at the polls.

The new system also has another plus: Kenya now has 47 training centres for the job of chief executive. Governors who do well – like the Governor of Machakos – will become very strong contenders for State House in the not so distant future (Also more work for me to study inter-governmental political careers!!)

My biggest concern about the new devolved system of government is its potential impact on the coercive capacity of the Kenyan state (recently the state has been at sixes and sevens in response to rising insecurity and sporadic terror attacks). If there was ever Kenyan exceptionalism in Africa it was on account of its post-colonial inheritance of a strong state. Since for political reasons security cannot be devolved (latent centrifugal tendencies still exist at the periphery), the centre must still guarantee security of life and property. My hope is that the ongoing restructuring of the Provincial Administration will not be as large a swing as to completely gut a system (reviled or not) that helped hold the country together over the last 50 years.

What’s African about unalloyed misogyny?

The just passed marriage bill is unambiguously the most offensive idea to come out of the 11th Parliament yet. According to the BBC:

MP Samuel Chepkong’a, who proposed the amendment, said that when a woman got married under customary law, she understood that the marriage was open to polygamy, so no consultation was necessary, Kenya’s Daily Nation newspaper reports.

Mohammed Junet, an MP representing a constituency from the western Nyanza province, agreed.

“When you marry an African woman, she must know the second one is on the way and a third wife… this is Africa,”

This is Grade A horse manure.

President Kenyatta should veto this bill. And the group of Kenyan MPs who think that disempowering women is a smart idea are advised to watch the video below of President Kibaki at a press conference ostensibly to confirm to Kenyans that he has ONLY ONE WIFE, following rumors to the contrary [More here].

Also, Mr. Kenyatta should require that before he assents to the bill it must expressly forbid dabbling in both civil and “customary” marriages because the resultant legal arbitrage only benefits men. SOMEONE TELL ME, WHY DO WE NEED A DUAL SYSTEM ANYWAY??? A woman entering a civil marriage should have the guarantee that it will always remain so, with stiff penalties for men who violate the contract. The provisions for Muslims have always been clear and should remain so.

And just for good measure, they should also hear what Chimanda has to say about gender relations:

More on the unbelievably sophomoric debate on this matter in the National Assembly here.

Mapping Nairobi’s Informal Transit System

Researchers and students at the University of Nairobi, the Center for Sustainable Urban Development at Columbia University, and the Civic Data Design Lab at MIT produced the map below – and the underlying data behind it – after carrying cell phones and GPS devices along every route in the network. Result? There is order to Nairobi’s seemingly chaotic matatu industry.

Pretty cool stuff. 

Image

 More here.

H/T Amanda R.

Understanding Uganda’s Military Adventurism Under Museveni

On January 15th 2014 President Yoweri Museveni finally admitted that Uganda People’s Defence Force troops are engaging in combat operations within South Sudan. Right after the political fallout in Juba and escalation of hostilities between forces loyal to President Salva Kiir and those behind his former deputy Riek Machar, Mr. Museveni threatened Machar with military action if he did not come to the table to negotiate with Kiir. Museveni’s military involvement in the conflict has caused concern in Nairobi and other capitals in the region. For one, Uganda’s military intervention in the conflict may yet jeopardize the ceasefire agreement that was signed on January 23, 2014 in Addis Ababa. The regional body IGAD (Intergovernmental Authority on Development) is supposed to be a neutral arbiter and monitor in the conflict. Museveni’s clear leanings towards the government in Juba may bring to question IGAD’s neutrality in the mediation effort.

For historical reasons (see below) Khartoum fears Kampala’s military involvement in South Sudan. But this time the situation is slightly different, and a little more complex. Bashir has already shown his hand in support of Juba against Machar, possibly for two reasons: (i) Khartoum needs Juba’s help in weakening the rebellion by the rump SPLA (SPLA-North) that is still active in Blue Nile and South Kordofan, regions that border South Sudan; and (ii) Bashir needs to keep the oil flowing in order to ward off internal turmoil within Sudan due to rapidly deteriorating economic conditions (see here). Kiir’s willingness to throw SPLA-N under the bus comes as no surprise since it is an offshoot of the “Garang Boys” (mostly PhDs) who occupied a special place, unlike Kiir and others, in John Garang’s SPLA. SPLM-N’s leader Malik Aggar, shared Garang’s vision of one united reformed Sudan, as opposed to secession by the South. At the same time, however, Khartoum does not want a super strong South Sudan free of rebels. Total cessation of conflict in South Sudan would rob Khartoum of proxies to keep Juba in check. Uganda’s involvement could tip the balance in Juba’s favor vis-à-vis potential Bashir allies.

Meanwhile in Nairobi and Addis Ababa concern is growing over Uganda’s claim that the IGAD should foot the bill of UPDF’s adventures in South Sudan. Both Ethiopia and Kenya prefer settling the conflict at the negotiating table, partly because both have their security forces stretched by domestic armed groups and bandits and the war in Somalia. Kenya has said categorically that it will not send troops to South Sudan, even under IGAD. The wariness in Nairobi and Addis to send troops or cash for a military cause in South Sudan contrasts sharply with Kampala’s choice of military action from the moment the current flare up started in Juba. This despite the fact that Uganda also has troops serving in Somalia.

Which raises the question: What explains Uganda’s international military adventurism under Museveni? The answer lies in the confluence of history, international geopolitics, and Uganda’s internal politics.

Uganda is one of the more militarized states in Africa, with the military having direct representation in parliament (10 seats). It is also interventionist, with a history of combat engagement and support for rebel groups in six neighboring states – Burundi, the Central African Republic (CAR), the Democratic Republic of Congo (DRC), Rwanda, Somalia, and South Sudan. More recently, the nation has been a key advocate for greater integration within the East African Community (EAC). Indeed, Ugandan President Yoweri Museveni fancies himself as a possible head of an EAC political federation should it ever materialize. Uganda is also a key player in the African Capacity for Immediate Response to Crises (ACIRC), a proposed standby force with capacity to rapidly deploy troops to trouble spots in Africa (other key supporters include South Africa, Chad, and Tanzania).

Museveni and his kagogo (little) soldiers

Museveni and his kadogo (little) soldiers

President Yoweri Museveni’s military adventurism and internationalist outlook have deep roots. As a young student in Tanzania, Museveni was involved in exile organizations opposed to Iddi Amin. Indeed, Museveni’s National Resistance Army (NRA), started off as the Popular Resistance Army (PRA) in Tanzania (As testament to its Tanzanian roots, NRA borrowed the idea of political commissars from the Tanzanian military to educate civilians in “liberated” Luweero Triangle). In Tanzania and even after returning to Uganda Museveni made regional connections that he maintained even after he ascended to power in 1986 – including Rwanda’s Paul Kagame, Sudan’s John Garang’, and leaders of Mozambique’s FRELIMO. Before rebelling against Kigali, Kagame was Museveni’s Chief of Military Intelligence. Museveni supported Garang’s Sudan People’s Liberation Army (SPLA).

Once in power, Museveni styled himself as the guarantor of peace and stability in Uganda. Many (both at home and abroad) evaluated his performance relative to the disastrous years under Amin and the ensuing civil war. The resulting peace dividend (albeit restricted to the south of the country) was marked by relative macro-economic stability, with growth averaging about 6% for much of the 1990s. This made Museveni a darling of Western donors and international financial institutions. However, Museveni’s record with regard to democracy and human rights remained dubious. This put him in awkward position vis-à-vis the West, especially since the 1990s was the zenith of Western promotion of liberal democracy.

To this Museveni reacted cleverly, and worked hard to position Uganda as a strategic player in the wider region’s geopolitics. In order to maintain his international stature and secure his position domestically, Museveni labored to bolster Uganda’s relevance to the West.

Museveni enters Kampala (Source)

Museveni enters Kampala (Source)

Beginning in the early 1990s, Uganda got militarily involved in a number of neighboring states. Support for Garang’s SPLA drew the ire of Khartoum, which in turn supported the Lord’s Resistance Army (LRA) in northern Uganda. Subsequently, the Ugandan military conducted raids against LRA bases in Sudan while also offering combat assistance to the SPLA. For instance, the 1997 battle at Yei featured Ugandan soldiers alongside the SPLA against the Sudan Armed Forces (SAF). It is around this time that the seed was planted for future military involvement abroad at the turn of the century (this time in Somalia under the Western-funded AU mission, AMISOM, to help stabilize the country). After US President Bill Clinton designated Sudan as a state sponsor of terror, Uganda positioned itself as an ally in the frontline of “Global War on Terror.” Kampala served as an intermediary for US aid to SPLA, thereby further strengthening US-Uganda military ties. It is telling that in 2003 Uganda was among only a handful of African states that supported the US-led Iraq War. About 20,000 Ugandans worked in US military bases in Iraq (this was also an excellent job creation tool; and a way of earning Forex).

So far Uganda’s most complex military adventure was in the Democratic Republic of Congo (DRC). A mix of strategic geopolitical positioning, the need to secure markets for Ugandan goods, private greed and domestic politics drove Uganda’s invasion of the DRC. The first Congo War (1996-97) was swift, aimed at helping Laurent Kabila oust Mobutu Seseseko (Rwanda and Angola also helped). Soon after Uganda and Rwanda fell out with Kabila, occasioning the Second Congo war (1998-2003), which involved four other African states. It is then that the façade of intervention for regional stability completely broke down. Ugandan and Rwandan commanders exploited existing and new cross-border smuggling and semi-legitimate trade networks to orchestrate massive pillaging of natural resources in eastern DRC (Competition between the two militaries later intensified, resulting in the “Kisangani Wars.”)

For instance, in the year 2000 despite only producing 0.00441 tonnes of gold, Uganda exported 11 tonnes. A UN report indicates that well-connected generals (including Museveni’s half-brother) created entities headquartered in Kampala to facilitate the illicit trade. It’s important to note that Museveni’s tolerance of the semi-autonomous activities by his generals was strategic (it generated revenue through Kampala-based entities and kept the generals happy) and did not lead to fracturing within the military. Indeed, many of those involved were later promoted.

Museveni meets Somali President, Shayk Sharif Ahmed in Mogadishu in 2010

 

Incidentally, the present involvement in South Sudan also reflects the multifaceted logic of Ugandan international military adventurism. Historical alliances with the SPLA against the LRA and SAF make Kampala and Juba natural bedfellows. But the intervention is also about securing markets for Ugandan goods. According to figures from the Bank of Uganda, in 2012 the country’s exports to South Sudan totaled an estimated USD 1.3 billion. About 150,000 Ugandan traders operate across the border, not to mention countless more primary producers in agriculture who benefit from cross-border trade with their northern neighbor.

The above account explains Museveni’s efforts in the recent past to build an image as the regional powerbroker: heading peace talks between the DRC, Rwanda and eastern DRC rebels; intervening in Somalia to prop up the government in Mogadishu; and in the latest episode siding militarily with President Salva Kiir in South Sudan’s domestic political cum military conflict. Domestically, Museveni’s grip on power is as strong as ever. Recent reshuffles in the military removed powerful Historicals (the original “bush war heroes”) thereby leaving Museveni (and his son) firmly in control of Uganda’s armed forces. There is no end in sight for Uganda’s international military adventurism.

In many ways Uganda’s international adventurism has been a case of agency in tight corners. The country is a landlocked; has neighbors with sparsely governed borderlands that provide rear-bases for Ugandan armed groups; and Kampala needs Western aid to maintain the regime, a situation that necessitates acts of geopolitical positioning – especially with regard to the “Global War on Terror” and maintenance of regional peace and stability. Furthermore, oil discovery along the conflict-prone DRC border on Lake Albert and the need for pipelines to the sea to export Ugandan oil will necessitate even greater regional involvement. So while Uganda’s present outward adventurism is primarily because of Museveni’s peculiar personal history, it is correct to say that even after Museveni (still far into the future) the country will continue to be forced to look beyond its borders for economic opportunities, security, and regional stature.

“Only four shooters at Kenya mall (Westgate) and they may have escaped alive, says NYPD”

On Tuesday morning the NYPD issued a damning statement [full report here] that pointed fingers at the Kenyan government for its handling of the terrorist attack at the Westgate Mall in September. Dozens of people were killed in the attack.

According to the statement:

  • Despite conflicting reports from the Kenyan government, “evidence suggests that there were only four attackers, who may have escaped alive.”
  • The commander of the police tactical team that went to quell the siege was most likely killed by the KDF. “The police department tactical team entered the mall at 3 p.m., without police markings or identifications, and were fired on by Kenyan soldiers, killing the commander of the unit.”
  • The security team “had no idea what the mall looked like internally, and didn’t know they could access the closed circuit television system.”
  • The NYDP “didn’t know what had caused the mall to collapse,” but it is likely that “the Kenyan military may have used rocket-propelled grenades and anti-tank missiles on the building, and that heat from fires caused by the explosions may have weakened the poorly built structure.”
  • And lastly, “the Kenyan military may not have killed any of the attackers, there was “significant” physical and video evidence that they had looted the mall.”

[UPDATE: A reader, @ZiadFazel, just reminded me of the KTN documentary in October that questioned the official line about the attack. Back then the government dismissed the documentary as inaccurate and alarmist and even threatened to arrest KTN journalists. This new statement from the NYPD adds credibility to the evidence previously dismissed by the government]

Westgate is not just an indictment of the KDF (a force that has and continues to sacrifice a lot for regular Kenyans in the north east and in Somalia) but of the entire security apparatus in Kenya. For the longest time Kenyan civilian administrations have obsessed with issues of coup-proofing, maintenance of public order and the suppression of dissent over actual provision of security.* Urban crime, banditry in the north and pockets of rural areas even in the more governed south and latterly the threat of terrorism have exposed the underbelly of the Kenyan security system.

President Uhuru Kenyatta praised the KDF and the police following the botched operation at Westgate. Was this an attempt to boost the morale of the boys or was he simply continuing the tradition of appeasement with the aim of keeping the army in the barracks and the paramilitary GSU and police ever ready to “restore order” whenever necessary?

Whatever the case, it may be that President Kenyatta and his administration have found themselves in an unfamiliar territory. Kenya’s much touted bureaucratic-executive state may have worked well against internal dissent, but can it effectively deal with current security threats? Civilian control over the security apparatus demands for accountability and performance; and whenever there is failure, an attempt at correction. Is the Kenyan system capable of sustaining a civilian-military relationship that is responsive to the public and based on performance and accountability?

Kenyans were told many tales following that tragic Saturday afternoon in September and the ensuing four day siege. But the more Secretary Ole Lenku spoke of “exploding mattresses” the more questions emerged. The NYPD report is yet another reminder that the security system failed Kenyans, and that the civilian administration was unable to stand up to those responsible and demand for accountability.

*Read E. S. Atieno-Odhiambo’s chapter on “Democracy and the Ideology of Order in Kenya” and Tamarkin’s “The Roots of Political Stability in Kenya.”

Ethiopia’s Gibe Dam Threatens Kenya’s Lake Turkana, and Why the Kenyan Government Doesn’t Care

Six hundred miles upstream from the northern tip of Lake Turkana in Kenya, the Ethiopian Gibe III dam is nearing completion. According to Africa Confidential the dam will produce 1860 MW, making it the biggest hydro-electric power plant in Africa.

No doubt the developmental impact of the Gibe projects will be huge. Despite doubling Ethiopia’s 2007 installed power generation capacity, the project will bring more than 150,000 hectares (about 580 sq. miles) of land under irrigation (this will be more than the total acreage under irrigation in the whole of Kenya as of 2011). In addition, the boost in power generation capacity will feed into the East African Power Pool, thus helping alleviate power problems in Kenya and beyond.

But will the benefits of the Gibe projects outweigh the potential human cost, especially considering externalities that will spread beyond Ethiopia’s borders?

According to Sean Avery, the Omo-Gibe project intends to divert as much as 32% of the Omo River’s waters for irrigation and other uses upstream. But the Omo River is the main inlet of Lake Turkana, Kenya’s largest by area (Kenya owns the smallest bit of Lake Victoria) and Africa’s fourth largest lake.

Lake Turkana gets as much as 90% of its inflow from the Omo River.

Image

Map showing Lake Turkana and location of Gibe III

In a new Oxford study, Avery notes that one of the planned Ethiopian irrigations schemes alone, the Kuraz Sugar Scheme, will gobble as much as 28% of Omo inflows into Lake Turkana at 70% efficiency and a whopping 40% if the project inefficiently uses water! The same study notes that construction of Gibe III may lower the water volume in Lake Turkana by as much as 41-58% (or an average drop in lake level of 22 metres) over a period of time. This will have a significant impact on the Lake’s salinity (being the biggest desert lake in the world) and suitability of its water for human consumption and agriculture. To put this in perspective, the average depth in the lake is 30 metres. Without proper water management upstream Lake Turkana faces hydrological collapse akin to what happened to the Aral sea or what is happening to Lake Chad.

At this juncture you may ask, why isn’t the Kenyan government up in arms over the Gibe projects?

Well, the simple answer is that a confluence of factors have made it such that Nairobi does not have an incentive to care about the 170,000 odd people that will be adversely affected by a decline in water volume and economic viability of Lake Turkana. Three of these factors stand out.

  1. Turkana, being largely rural, sparsely populated, poor, and with a low literacy rate, does not make a fertile ground for pressure groups to form. Complaints over the potential impact of Gibe III have mostly come from academics and international NGOs that, lacking political salience, are very easy to ignore. Historical low voter turnout in the region also does not help matters. This has made it easy for the government to pretty much ignore the region over the years. Residents of Turkana often talk of “going to Kenya” whenever they venture into the southern regions of the country.
  2. A more important reason than the one above is perhaps that Gibe III will provide power to the Kenyan grid. Kenya’s Vision 2030 development plan includes a raft of projects that will require increased generation capacity in the next couple of decades that the country will surely not meet. Gibe III will be a much needed plug in the expected energy capacity gap. Notice that most of the projects will benefit the more politically powerful pockets of the Kenyan electorate to the south of the country, most of whom have never and will probably never hear of the human impact of Gibe III in Turkana unless it leads to something catastrophic enough to attract national media attention.

    Image

    Source: Gado, Daily Nation

  3. Oil. Oil. Oil! As if things could not get worse for residents to the north of Turkana county, commercially viable deposits of oil have been discovered to the south of the county. It goes without saying that moving forward most of the economic focus will be in that part of the county, at the expense of most other economic activities (and Turkana residents’ most pressing needs, see image) – including fisheries on Lake Turkana.

Admittedly, the fault here lies not with Addis Ababa. Ethiopia had to do what it had to do to meet its development needs. The fault is Nairobi’s for not having the foresight to strike a workable “Coasian bargain” with Addis on an arrangement that would be less harmful to residents of Turkana. This post has attempted to sketch some of the reasons why this is the case.

In an ideal world Nairobi would have negotiated with Addis Ababa for a discount rate for power from Gibe III and pledged to invest the difference in compensating residents of the Lake Turkana basin who will be adversely affected by the planned projects on the other side of the border. Unfortunately, for the three reasons stated above and others, I doubt that this happened or will happen in the near future.

To paraphrase a famous quote from a couple of millennia ago, in the world we live in those with political power get what they want and those without suffer what they must.

Statement from the Supreme Council of Kenya Muslims following Westgate attack

We Muslim leaders gathered here today condemn in the strongest terms the attack on peace loving Kenyans and our international guests who have chosen to live and work in Kenya.

We send our deepest condolences to the families of the bereaved and those wounded in the ongoing siege at the Westgate Mall.

We reiterate that wanton and indiscriminate killing of innocent men, women and children is against Islamic teachings and tenets.

We re-affirm our support to the government of Kenya and its security organs in the ongoing operations to secure the mall from the attackers.

We call upon our Muslim brethren and all Kenyans of goodwill to heed the appeal and come out in large numbers to donate blood to relieve our healthcare institutions provided care and treatment to the wounded.

We call upon all Kenyans to remain calm and refrain from being divided on sectarian grounds by this unfortunate incident.

Read by Adan Wachu, Secretary-General, Supreme Council of Kenya Muslims (SUPKEM)on behalf of the leaders gathered at Jamia Mosque Nairobi on Sunday  22.9.2013

What next for Kenyan Policy on Somalia?

For two years it almost seemed too good to be true. Kenya had invaded Somalia and occupied Kismayo, a key Al-Shaabab-held city in southern Somalia without carnage visiting the capital Nairobi. The group instead opted for sporadic attacks against churches and police installations in the border regions of North Eastern and Coast. A few explosions rocked the capital, but these were never spectacular. Indeed, some of them appeared to have been motivated by local business rivalries and not some revenge mission by the Somali Islamist group Al-Shaabab. Within Somalia, the African Union Mission in Somalia (AMISOM) mission made quick gains that left Al-Shaabab backpedaling. With a few exceptions, the Al-Shaabab was reported to have been severely weakened and on the run. Before the recent uptick in bombings, Mogadishu was slowly becoming a reasonably peaceful boomtown.

scenes from the Westgate Mall

A scene from the Westgate Mall siege

And then Westgate happened. At around noon on September 21st three groups of armed men (and allegedly at least one woman) stormed the upscale mall in Nairobi and started shooting indiscriminately. Several hours after the attack started Al-Shaabab claimed responsibility via twitter. A day later, the Islamist group gave an alleged list of the gunmen, all men between the ages of 20-27. Six were from the US, two from Somalia, and one each from Kenya, the UK, Finland and Syria. More than 36 hours after the attack began at least 69 people had been confirmed dead, including one gunman and two Kenyan officers. A visibly incensed President Uhuru Kenyatta condemned the attacks, and reassured Kenyans of a swift response to punish the perpetrators. Just a few minutes earlier Al-Shaabab had claimed responsibility for the attacks, terming them a retribution for Kenya’s invasion of Somalia in 2011. The Kenyan Defence Forces, under Operation Linda Nchi, invaded Somalia following sporadic kidnappings and attacks along the Kenya Somalia border. The forces still remain in Somalia under the command of AMISOM.

So how will Kenya respond? There will be both short-term and long-term responses to the daring terrorist attack. The likely short-term response holds more risk, and may even jeopardize the strategic objectives of the long-term response.

Understandably, in the short-term there is going to be considerable public pressure for a swift military response from the government. In the coming weeks the government’s response will likely involve both domestic crackdowns in suspected Al-Shaabab havens in Kenya (most likely in Nairobi, the Coast and North Eastern regions) and military operations against Al-Shabab targets within Somalia.

eastleigh

police recover suicide bombs in a past operation in Eastleigh (Courtesy of the Star Newspaper)

Crackdowns within Kenya will come with a lot of risk. Depending on how they are carried out, the government could end up walking right into Al-Shaabab’s trap by alienating Kenyan Muslims and ethnic Somalis who make up the majority of residents in Coast and North Eastern regions of the country that border Somalia.

Ethnic Somalis (both Kenyan and Somali nationals) also make up the majority of residents in Eastleigh, a district of Nairobi that has in the past witnessed government crackdowns targeting cells linked to the Al-Shaabab militant group.

Kenyan security forces must therefore proceed with extreme caution to ensure that as few innocent civilians as possible are arrested or roughed up by security forces in any operations within the country. A repeat of reported cases of police brutality in North Eastern following the murder of army officers by gunmen would be a terrible mistake. It is also vital that the government stresses the unity of all Kenyans of all ethnic extractions against terror attacks. Any victimization of ethnic Somalis must be met with swift punishment.

Military operations within Somalia will likely involve significant cooperation with Mogadishu, pro-AMISOM militia in Jubaland, AMISOM and the US and may not be completely under the control of Nairobi. I suspect that Nairobi might push for a more aggressive hunt for the leaders of Al-Shaabab, including Samantha Lewthwaite a.k.a. the “white widow,” a British national that is rumored to have been the mastermind of the Westgate Mall attack. Lewthwaite, the widow of London 7/7/2005 suicide bomber Jermaine Lindsay, is suspected to be on the run in Mombasa, Kenya with her four children. Crucially, any military operations in Somalia must be informed by analysts’ observation that it might be the case that Al-Shabaab is a group on the decline that is just lashing out to maintain relevance.

jubaland

An outline of the Jubaland region of Somalia

In the long-run, Nairobi will most likely push for a more robust Somali solution to the security crisis posed by the lack of a functional state in its backyard. Top on the agenda will be the strengthening of the security apparatus in the administration of Jubaland, the Somali state that is on the border with Kenya (For a detailed analysis of the situation in Jubaland see here). The creation of Jubaland has long been a goal of the Kenyan government as a buffer against the chaos that has been Somalia for the last two decades. Despite obvious objections from Mogadishu, Nairobi has never publicly denounced this policy goal. The brazen attack in the capital creates even more need for a strong buffer region that can help the Kenyan security forces to deal effectively with a terrorist group that appears desperate and willing to do just about anything to remain relevant. The success of this policy will depend on Mogadishu’s ability to veto it, and support from Ethiopia and AMISOM.

Ethiopia, Djibouti, Somaliland, Puntland and Kenya all have reasons to support the creation of Jubaland, or in general, a more decentralized state in Somalia. Kenya, Djibouti and Ethiopia remain wary of a potential rise in Somali nationalism and any irredentist attempts that might follow to unite all lands that make up the so called Greater Somalia – which would include the Ogaden in Ethiopia, North Eastern region of Kenya, and Djibouti. This is not a crazy fear. Mogadishu once attempted this in the late 1960s in a botched operation (in the Shifta and Ogaden wars) that ultimately led to a military coup and the rise of Siad Barre to power (See Laitin, 1976 [gated]). Ethiopia has the most to worry about regarding this potential risk. The Ogaden remains at the periphery of the Ethiopian state, giving the Somali population lots of reasons to rebel against Addis Ababa.

In the recent past Kenya has experienced an increasing level of integration of the Somali elite into the Kenyan state. Prominent Kenyans of Somali extraction include the leader of Majority in the National Assembly, the Foreign Minister, the Industrialization Minister, the head of the electoral management body (IEBC), among others.

Furthermore, many Somalis both Kenyan and from Somalia have in the recent past made significant investments in Kenya, most notably in the real estate sector. A lot of the investments have been means of laundering money got from illicit activities (some say including piracy). Indeed the governor of the Central Bank of Kenya is on record to have said that he could not account for billions of shillings in the economy. With an estimated total of only 20,000 mortgage accounts, most of the Kenya’s real estate boom has so far been financed by cash.

Yes, a lot more needs to be done for the average Kenyan of Somali extraction in North Eastern region, but the Somali elite in Kenya have every reason to not rock the boat and remain wedded to Nairobi. This same elite has so far tacitly supported Nairobi’s policy regarding the creation of an autonomous region in Jubaland.

The powerful imagery of a picture that went viral showing a Kenyan police officer, who also happens to be an ethnic Somali, carrying a baby while shielding three adults as they ran for safety at Westgate is hard to miss.

A domestic outcome of the Westgate attack will likely be greater scrutiny of the police and intelligence forces. The Kenyan police have been exposed in the past for having looked the other way in exchange for bribes to allow gun-runners to do their thing along the country’s highways. President Kenyatta will likely call for a cleaning of house both at Vigilance House and at the NSIS headquarters. All security agencies will likely see closer scrutiny from the political class and calls to pull up their socks. The minister in charge of internal security, Joseph Ole Lenku, probably has his days numbered on the job.

The quest for greater security will be completed by the proliferation of small arms and light weapons in the country on account of civil wars and general insecurity in the border regions with Uganda, South Sudan, Ethiopia and Somalia. According to a 2012 a study by the Small Arms Survey and the Kenya National Focus Point on Small Arms and Light Weapons, there are between  530,000 and 680,000 firearms in civilian arms across the country. The government must tighten its disarmament operations. Westgate has shown that AK-47s are not just the weapons of cattle rustlers, bank robbers and carjackers.

Will the reforms succeed? Very likely. The Kenya Revenue Authority is a testament to the fact that when it matters, the Kenyan government can reform key state institutions. The security sector is need of just such a reform drive. Insecurity is on the rise across the country, both from common criminals and organized gangs and terrorists. The Kenyan leadership appreciates that insecurity is not just bad in terms of risk to human lives. It is also bad for business.

If Mr. Kenyatta’s first term is to achieve even a modicum of success, the security sector must be reformed.

In all likelihood the president’s quest for a successful first term will outrank a few officers’ venal machinations within the administration. Police ineptitude in dealing with common petty and not-so petty crime creates loopholes for spectacular attacks like Westgate. Reform will therefore need to go beyond capacity building within the Special Forces and dedicated anti-terror units.

For regular Kenyans, life in Nairobi will never be the same again. It is almost impossible to imagine that things that most only read in the news could happen right at home; that a Saturday afternoon at the mall could turn into a ghastly massacre. It will take time before the capital, and the nation, finds its new normal, if at all it does.

blooddrive

Kenyans queue to donate blood at Uhuru Park on Monday Sept. 23rd (Source: The Standard)

So far Kenyans’ resiliency has been outstanding. People showed up in their thousands to donate blood. Buses in Nairobi lowered their fares to take people to blood donation points. More than 40 million Shillings has so far been raised through MPesa for affected victims. Never before in my life have I felt or seen this level of patriotism from fellow Kenyans.

I hope it sticks. Especially because the country will need it in the next few weeks and months as the government formulates and effects a response to the Westgate Mall attack.

President Uhuru Kenyatta’s statement following Westgate terror attack

Fellow Kenyans,

This morning, a group of armed terrorists forcefully entered the Westgate Mall in Nairobi’s Parklands area and unleashed senseless violence upon customers and workers. They have killed at least 39 innocent people and injured more than 150 others. With the entire nation, I stand with the families of those who have lost their lives and extend every Kenyan’s deepest condolences. (I know what you feel having personally lost very close family members)

I ask God to give all of you comfort as you confront this tragedy. My Government will provide the support you will need in the days to come. To those who were injured, I wish you a quick recovery from the physical and other shocks you underwent today. The Government will be at hand to ensure that your lives return to normal as quickly as possible. The people of Kenya have been wonderful, as always. With your support we safely evacuated hundreds of people from the Mall. I salute your conscientious and selfless acts of solidarity in response to the terrorist attack. 

Your courage and sympathy saved lives and reassured countless people.

I commend those who volunteered by giving first-aid, transporting the injured to hospital, donating blood, locating and contacting loved ones and making it easy for rescue, medical and security personnel to do their work. I appreciate those who have used media to rally help of all kinds, condole with and comfort the affected and thank all those responsible citizens who have desisted from spreading panic and despondency. Please continue helping, and continue praying.

The despicable perpetrators of this cowardly act hoped to intimidate, divide and cause despondency among Kenyans. They would like us to retreat into a closed, fearful and fractured society where trust, unity and enterprise are difficult to muster. An open and united country is a threat to evil doers everywhere. With our values of solidarity and love for our homeland, we fought proudly and bravely to secure the freedom to lead our lives as we choose. Our choice is codified in our Constitution. 

We have overcome terrorist attacks before. In fact, we have fought courageously and defeated them within and outside our borders. We will defeat them again. Terrorism in and of itself, is the philosophy of cowards. The way we lead our lives; in freedom, openness, unity and consideration for each other represents our victory over all those who wish us ill. We are as brave and invincible as the lions on our Coat of Arms.

My Government stands ready to defend the nation from internal as well as external aggression. I urge all Kenyans to stand together and see this dark moment through. Donate blood. Provide information to the authorities. Comfort and reassure the affected families. Let us ashame the Devil and his works by demonstrating our timeless values of love, compassion and solidarity. Our security forces are conducting a multi-agency response to this attack as we speak and are in the process of neutralizing the attackers and securing the Mall. 

It is a very delicate operation as our top priority remains to safe guard the lives of innocent people held up in this unfortunate incident. But let me make it clear. We shall hunt down the perpetrators wherever they run to. We shall get them. We shall punish them for this heinous crime. 

I have directed security agencies to be decisive in their response to this or any other threat. They must and will do this to demonstrate our constitution’s categorical guarantee of Kenyans’ indefeasible rights to life and property.

Across the country, we have tightened security but I urge all of you to remain calm and vigilant.

God bless you. God bless Kenya.

How Eastern Africa can avoid the resource curse

This post originally appeared on the African Development Bank’s Integrating Africa Blog, where yours truly is a regular contributor. 

Eastern Africa is the new fossil fuel frontier (for more check out this (pdf) Deloitte report). In the last few years Kenya, Uganda, Tanzania and Mozambique have discovered large quantities of commercially viable oil and gas deposits, with the potential for even more discoveries as more aggressive prospecting continues. There is reason to be upbeat about the region’s economic prospects over the next three decades, or at least before the oil runs out. But the optimism must be tempered by an acknowledgement of the dangers that come with the newfound resource wealth. Of particular concern are issues of governance and sound economic management.

We are all too aware of the dangers of the resource curse. This is when the discovery and exploitation of natural resources leads to a deterioration of governance, descent into autocracy and a fall in living standards. Associated with the resource curse is the problem of the Dutch disease, which occurs when natural resource exports (e.g. oil and gas) lead to an appreciation of the exchange rate, thereby hurting other export sectors and destroying the ability of a country to diversify its export basket. The new resource-rich Eastern African states face the risk of having both problems, and to avoid them they must cooperate.

In many ways Eastern African states are lucky to be late arrivals at the oil and gas game. Unlike their counterparts in Western and Central Africa, nearly all of them are now nominal electoral democracies with varying degrees of institutionalized systems to ensure transparency in the management of public resources. Across the region, the Big Man syndrome is on the decline. But challenges remain. Recent accusations of secrecy, corruption and bribery surrounding government deals with mining companies suggest that there is a lot of room for improvement as far as the strengthening of institutions that enforce transparency (such as parliaments) is concerned. It is on this front that there is opportunity for regional cooperation to improve transparency and resource management.

While it is easy for governments to ignore weak domestic oversight institutions and civil society organizations, it is much harder to renege on international agreements and treaties. A regional approach to setting standards of transparency and accountability could therefore help ensure that the ongoing oil and gas bonanza does not give way to sorrow and regret three decades down the road. In addition, such an approach would facilitate easier cross-border operations for the oil majors that are currently operational in multiple countries, not to mention drastically reduce the political risk of entering the region’s energy sector. It would also leave individual countries in a stronger bargaining position by limiting opportunities for multinational firms to engage in cross-border regulatory arbitrage.

The way to implement regional cooperation and oversight would be something akin to the African Peer Review Mechanism, but with a permanent regional body and secretariat (perhaps under the East African Community, EAC). Such a body would be mandated to ensure the harmonization of laws to meet global standards of transparency and protection of private property rights. The body would also be mandated to conduct audits of national governments’ use of revenue from resources. The aim of the effort would be to normalize best practices among states and to institute a global standard for states to aspire more – more like the way aspirations for membership in the European Union has been a catalyst for domestic reforms in the former Yugoslavia and Eastern Europe.

Regional cooperation would also provide political cover to politicians with regard to economically questionable fuel subsidies. The realities of democratic government are such that politicians often find themselves forced to concede to demands for fuel subsidies from voters. But history shows that more often that not subsidies come at an enormous cost to the economy and instead of benefitting the poor only benefit middlemen. In addition, as the case of Nigeria shows, once implemented such policies are never easy to roll back both due to politics and the power of entrenched interests. Regional agreements capping any fuel subsidies at reasonable levels would be an excellent way to tie politicians’ hands in a credible manner, while at the same time providing them with political cover against domestic criticism.

Beyond issues of governance, there is need for cooperation on regional infrastructure development in order to reap maximum value for investment and avoid unnecessary wastes and redundancies. Landlocked Uganda and South Sudan will require massive investments in infrastructure to be able to access global energy markets. The two countries’ oil fields are 1,300 km and 1,720 km from the sea through Kenya, respectively. One would hope that as these projects are being studied and implemented, there will be consideration for how to leverage the oil and gas inspired projects to cater to other exports sectors – such as agriculture, tourism and light manufacturing – as well. KPMG, the professional services firm, recently reported that transportation costs eat up as much as 20 per cent of Africa’s foreign exchange earnings.  There is clearly a need to ensure that the planned new roads and railways serve to reduce the cost of exports for all outward oriented sectors in the region. Embedding other exports sectors (such as agriculture, timber, domestic transport, etc.) in the process of developing new transportation infrastructure will minimize the likelihood of their being completely crowded out by the energy sector.

In isolation, each country’s resource sector policy is currently informed by domestic political economy considerations and regional geo-politics. There is an emerging sense of securitization of resources, with each country trying to ensure that the exploitation of its resources does not depend too much on its neighbours. Because of the relatively small size of the different countries’ economies, the risk of ending up with economically inefficient but expensive pipelines, roads and railways is real. South Sudan is currently deciding whether to build a pipeline through Kenya (most likely), through Ethiopia, or stick with the current export route for its oil through Sudan (least preferred due to testy relations). For national security and sovereignty reasons, Uganda is planning on a 30,000-barrel per day refinery in Hoima, despite warnings from industry players that the refinery may not be viable in the long run. Some have argued for the expansion of East Africa’s sole refinery in Mombasa to capture gains from economies of scale, an option that Uganda feels puts its energy security too much in Kenya’s hands.

In the meantime, Kenya and Tanzania are locked in competition over who will emerge as the “gateway to Eastern Africa,” with plans to construct mega-ports in Lamu and Tanga (Mwambani), respectively. While competition is healthy and therefore welcome, this is an area where there is more need for coordination than there is for competition among Eastern African governments. The costs involved are enormous, hence the need for cooperation to avoid any unnecessary redundancies and ensure that the ports realize sufficient returns to justify the investment. Kenya’s planned Lamu Port South Susan Ethiopia Transport Corridor (LAPSSET) project will cost US $24.7 billion. Tanzania’s Mwambani Port and Railway Corridor (Mwaporc) project will cost US $32 billion.

Chapter 15 of the EAC treaty has specific mandates for cooperation in infrastructure development. As far as transport infrastructure goes, so far cooperation has mostly been around Articles 90 (Roads), 91 (Railways) and 92 (Civil Aviation and Air Transport). There is a need to deepen cooperation in the implementation of Article 93 (Maritime Transport and Ports) that, among other things, mandates the establishment of a common regional maritime transport policy and a “harmonious traffic organization system for the optimal use of maritime transport services.”

The contribution of inefficient ports to transportation costs in the regional cannot be ignored. Presently, the EAC’s surface transportation costs, associated with logistics, are the highest of any region in the world. According to the African Development Bank’s State of Infrastructure in East Africa report, these costs are mainly due to administrative and customs delays at ports and delays at borders and on roads. Regional cooperation can help accelerate the process of reforming EAC’s ports, a process that so far has been stifled (at least in Kenya) by domestic political constituencies opposed to the liberalization of the management of ports. The move by the East African Legislative Assembly to pass bills establishing one-stop border posts (OSBPs) and harmonized maximum vehicle loads regulations is therefore a step in the right direction.

Going back to the issue of governance, more integrated regional cooperation in the planning and implementation of infrastructure development projects has the potential to insulate the projects from domestic politics and patronage networks that often limit transparency in the tendering process. Presently, Uganda is in the middle of a row with four different Chinese construction firms over confusion in the tendering process for a new rail link to South Sudan and port on Lake Victoria. The four firms signed different memoranda with different government departments in what appears to be at best a massive lapse in coordination of government activities or at worst a case of competition for rents by over-ambitious tenderpreneurs.  This does not inspire confidence in the future of the project. A possible remedy to these kinds of problems is to have a permanent and independent committee for regional infrastructure to oversee all projects that involve cross-border infrastructure development.

In conclusion, I would like to reiterate that Eastern Africa is lucky to have discovered oil and gas in the age of democracy, transparency and good governance. This will serve to ensure that the different states do not descend into the outright kleptocracy that defined Africa’s resource sector under the likes of Abacha and Mobutu in an earlier time. That said, a lot remains to be done to ensure that the region’s resources will be exploited to the benefit of its people. In this regard there is a lot to be gained from binding regional agreements and treaties to ensure transparency and sound economic management of public resources. Solely relying on weak domestic institutions and civil society organizations will not work.