The Kenyan Army’s Criminal Racket in Somalia

Quoting from a new report from the Journalists for Justice project:

With the death toll from al-Shabaab attacks inside Kenya rising to over 400, Journalists for Justice felt that the task of examining whether Operation Linda Nchi is actually delivering was overdue. This study looks at the conduct of KDF forces in two areas: 1) sugar smuggling and financial enabling of al-Shabaab and, 2) human rights violations.

This report presents the findings of several months of research in Somalia in Kismayo and Dhobley and inside Kenya in Liboi, Dadaab, Garissa and Nairobi. A desktop review, encompassing UN monitoring reports, academic studies, African Mission in Somalia (AMISOM) communication and media reports was followed by one-on-one interviews with over 50 people with intimate knowledge of KDF activities, including serving senior KDF officers, UN officials, western intelligence officials, members of parliament, victims of KDF human rights violations inside Somalia, journalists, doctors, porters at the charcoal stockpiles, drivers on the sugar routes and middlemen in the Dadaab camp.

…. JFJ research suggests that both KDF, the Jubaland administration of Ahmed Madobe and al-Shabaab are all benefitting from shares in a trade that is worth, collectively, between $200 million and $400 million.

More on this here.

For more on the challenges facing Kenya’s security operation in Somalia see here.

Kenya Security Laws (Amendment) Act, 2014

President Uhuru Kenyatta assented to the Security Laws (Amendment) Act, 2014 (archived pdf here). Despite widespread opposition from a large section of the Kenyan public, amendments therein are now the law of the land. The law itself is a mixed bag. There are some good parts that are meant to streamline the criminal justice system. But there are other parts that will certainly be abused by politicians and over-eager security agents, and could lead to a drastic reduction of civil liberties in Kenya.

This is how the bill was passed:

[youtube.com/watch?v=lc0F7AG-3to]

Members of Parliament and Sergeants-at-Arms guard House Speaker Justin Muturi as he reads the motion to pass to the bill.

Civil Society groups in Kenya, and a section of Members of Parliament, have vowed to challenge the constitutionality of the Act in court.

Will the challenge succeed? The simple answer is I don’t know. The Kenyan Supreme Court leans to the right, and is likely to defer to the executive (and its allies in the legislature) on matters related to security. Plus my bet is that if you polled the law a good chunk of Kenyans would support it. It targets “terrorists” and “criminals.” The mainstream churches in Kenya have also come out in strong support, in no small part because suspected terrorists have made a habit of attacking packed churches along the Kenyan coast.

The judicial review process is unlikely to set aside the entire statute. The petitioners will be better served to focus on key clauses that are unconstitutional and ask the judges to strike those out. But I should reiterate that the judges are likely to defer to Parliament and the executive on this one.

From a legislative studies perspective, what is worrying is that in order to get the law passed  State House essentially told the National Assembly, “Trust me. I need these powers to secure Kenyan lives and property. And I will not abuse them. Trust me.” And then Parliament capitulated. There was no debate over the State’s total failure to use existing laws to prevent and/or deter crime. Or the corruption and gross ineptitude that ails the security sector. Instead the executive was rewarded with even more power, secrecy, and ability to silence criticism from the media. All open to cynical abuse.

What Parliament forgot is that that there are no good politicians; only constrained ones. And that if unchecked anyone and everyone will abuse power. It doesn’t matter whether they are Pol Pot or the Pope.

Africa’s most forgotten Democrat

Who was the first leader of independent Africa who lost an election and agreed to step down?

No, it was not Mathieu Kerekou of Benin.

Because my adviser [I doubt he reads this blog] spent some of his early years in academia working and publishing on Somalia, I have been reminded quite a few times that back in 1967 Somalia’s president Aden Abdulle Osman Daar was actually the first leader of independent Africa to lose an election and agree to step down [see here].

This is a fact that many Africanists and journalists have forgotten. Please give credit where it is due.

Kenya at War

UPDATE II: John Campbell over at the Council on Foreign Relations discusses the extent of US and French assistance to the Kenyan invasion of al-Shabab controlled regions of Somalia. Check it out here.

UPDATE: Reaction to the Expert Comment from Middleton at Chatham House:

Middleton makes good points about the Kenyan invasion of al-Shabab-held regions of Somalia. The Ethiopian failure in 2006 and potential for a humanitarian crisis must certainly be part of the cost-benefit analysis on the Kenyan side. Failure to establish a secure buffer zone in Southern/Western Somalia and/or to defeat the al-Shabab will definitely have serious consequences.

But the alternative is worse. Al-Shabab elements kidnapped aid workers in Dadaab, in a clear signal that they are willing to disrupt humanitarian aid not only within the areas they control but also within Kenyan. In addition, it is important to appreciate the gravity of the al-Shabab threat to Kenyan security. If al-Shabab is allowed to continue operating within Kenya it may morph into a more dangerous domestic insurgency with a ready supply of disaffected groups – Kenyans in the North East who for decades have been neglected by Nairobi and have legitimate reasons to express those grievances by organizing around such a movement.

In addition, unlike Ethiopia in 2006, Kenya is in Somalia purely for national security purposes. Ethiopia had the baggage of the Ogaden War and the Somali-backed insurgency in its own Ogaden region. Plus it was very clear at the time that the US was bankrolling the Ethiopian war effort – the ICU obviously used this to develop a narrative of western-backed “Christian Ethiopia” invading a Muslim country. Al-Shabab, at least for the moment, does not have the advantage of defining the Kenyan military operation in their own terms

[It is interesting that neither the Kenyan parliament nor presidency has officially declared war on anyone. It is the internal security and defense ministries that have been running the show].

Al-Shabab has been severely weakened around Mogadishu. The ongoing famine has also served to weaken their control of Somalis’ hearts and minds. Their remaining stronghold is the port town of Kismayu whose capture will deprive them of an important supply route and source of revenue (via Indian ocean piracy). If there was ever a good time to try and defeat the group in the battlefield (especially since they have refused to negotiate with anyone), this is it.

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On Sunday the Kenyan armed forces moved into Western/Southern Somalia. The invasion was occasioned by recent kidnappings of tourists and aid workers near the border with Somalia. Al-Shabab, the proscribed terror group in Somalia, is suspected to have been behind the kidnappings, although it denies the charge.

The invasion is a clear signal of the failure of Kenya’s previous policy of strategic containment of the “Somalia problem.”

Source: Gado, Daily Nation

As of Tuesday the Kenyan army had advanced more than 100 miles into Somali territory, although bad weather has significantly slowed the advance. The target town is Al-Shabab’s stronghold port town of Kismayo. The DoD spokesperson Emmanuel Chirchir is reported to have said that “The troops are ready for anything. If it takes us to December they are willing to celebrate Christmas there.”

The invasion comes at a difficult time for the country and will no doubt generate significant economic and political consequences.

Inflation is at over 17%. The Kenyan Shilling is struggling against the US dollar. And the rate of economic growth appears to have slowed from a projected annualized rate of 5.6%. The increase in military expenditure amid high inflation, a severely weakened Shilling and calls for fiscal austerity will surely have a negative impact on future growth prospects. For more on this check out the Business Daily.

On the political side, success in routing al-Shabab will be another feather in retiring President Kibaki’s hat.

Failure might ignite a backlash against the country’s military establishment. It will be interesting to see how the political class deals with failure, since this is the first time that Kenya has ever undertaken a military operation of this scale. My take is that the military, as an institution, will take the fall in case of failure. Because of their ethnicized nature, previous lapses in security in the borders with Ethiopia and Uganda did not create that many problems for the pols in Nairobi. That said, this time might be different because of the nature and scale of the threat.

Of interest will also be how this military operation affects civilian control of the military.

Experience in many less institutionalized countries shows that heightened militarization results in diminished civilian control of the military – with the potential for coups.

I doubt this will be the case in Kenya. However long “Operation Linda Nchi” takes the result will be closer to the Tanzanian invasion of Uganda in the late seventies than to cases where military adventurism resulted in the overthrow of an incumbent (like in Siad Barre’s Somalia). Civilian control of the military in Kenya remains stronger than in most African countries.

Beyond matters of civilian control of the military it is important to consider what the repercussions will be for ordinary Kenyans. Many fear that the al-Shabab might strike Kenya where it hurts most – in Nairobi. This is a real possibility that one hopes the Kenyan government has planned for.

Also, in the event of a protracted war or a major terrorist attack by al-Shabab within Kenya there is the possibility of a backlash against Kenyans of Somali extraction. While this might happen among the masses I doubt that any of the major political figures will actively promote such a misguided reaction. North Eastern Kenya is an important voting bloc that the presidential front-runners in next year’s general election will want on their side (Mr. Odinga, the Kenyan Prime Minister is particular keen on this voting bloc). In this regard the fact that blatant scapegoating of Somalis will have negative political consequences is a source of mild comfort.

The editorial pages of the major newspapers in Kenya have all been solidly behind the invasion. Quoting the Business Daily:

Kenya’s foreign policy has at best been mild and at worst meek.

The nation has been out of the regional combats even when incursions took place in its territory, opting for peaceful resolutions.

This has happened in the Kenya-Ethiopia border during the Oromo wars and during the Ogaden War when Kenya opted for peace parleys rather than battlefield tussles.

But this dud non-aligned policy of the 1960s, exacerbated by the extinguished Cold War, holds no place in the current political order where terrorism and banditry has replaced conventional wars.

There were few options left for Kenya. One, they cannot let the al-Shabaab militia group continue to with their raids oblivious of our military power. Secondly, the sovereignty of our nation, and our pride was undergoing severe test.

The al-Shabab extremism must come to an end.

Drought is an act of nature, famine is man-made

Check out this new campaign video by ONE.org

[youtube.com/watch?feature=player_embedded&v=dzcRSr6PW_o]

You can sign the petition here.

HT HuffPost

Hand Relief International

Something for the humanitarian and aid communites to think about, courtesy of Hand Relief International.

Among those in the know, another fact has not remained unnoticed: there is more money flowing in than used to and that, reader, is excellent news.

The shit continues to be real in Nairobi, the dignified hub of any meaningful Somalia project, with necessary field trips to Dadaab, where HRI has quickly  set up cutting-edge infrastructure to ferry high-flyers through, complete with up-to-the minute roster of the photogenic fresh arrivals that can be summoned in an instant with their families for that perfect picture, should the visitor require one for the cover of their all-important trip report or their obligatory article in newspaper of choice back home.

More on this here.

HT Blattman

Quick hits

Guide to arguing on the internet (HT Lauren).

Speaking of arguing on the internet, I like the drama that is spats between economists and other academics on their respective blogs.

The Economist presents the faces of famine in the Horn. It is beyond sad that so many people should be condemned to suffer this man-made tragedy.

Brett Keller has posts here and here on Sam Childers (a.k.a. machine gun preacher), a gun-runner into the habit of doing morally and ethnically dubious things in the name of God. Keller says that Childers is “stockpiling arms at his orphanage and has admitted to selling weapons to unnamed armed factions in Sudan, Uganda, and Rwanda.”

In Zambia (where I shall be for the elections in Sept.) the politics of citizenship and belonging are yet to be settled 50 years after independence. We recently witnessed the dangers of de-legitimizing whole sections of countries as outsiders in Cote d’Ivoire. I hope that if Sata ever wins he will not do what incumbent Ivorians did to ignite a rebellion in the northern reaches of their country. For more on this check out this great book on the Ivorian collapse. I have read it and absolutely loved it.

A muddy few months ahead for the South African government. Infighting with the ANC top brass might mean an early exit for President Zuma. With over 60% of the votes in the last election, the ANC is essentially an oversize coalition prone to internal wrangles. It will be interesting to see how Zuma weathers the storm in the midst of challenges from both COSATU and Malema.

Lastly, the current issue of the Journal of African Economies looks at the impact of higher education in Africa. The main takeaway is that the low quality of education at lower levels (primary and secondary) has meant that the biggest bang for the buck on the Continent, as far as education is concerned, only comes with higher education. Too bad that many of those that get higher education are underpaid or out of the Continent all together.