Tag Archives: kdf

The Kenyan Army’s Criminal Racket in Somalia

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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

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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.

Did we count the chickens too soon in Somalia?

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May be.

First, the foreign purveyors of peace and stability involved appear to be working at cross-purposes. The US, and presumably the AU, are working for a stable Somalia. Kenya appears to be more concerned with establishing a buffer autonomous state in Jubaland with a capital in Kismayo, even at the expense of souring relations with Mogadishu (I wrote on this more than two years ago here, although my views on Jubaland have since changed). Second, the al-Shabab is regrouping, in part thanks to the activities of the same chaps that were supposed to have wiped them out. 

In August, 2011, a U.S.-backed African peacekeeping mission wrested control of the capital of Mogadishu, helping to deliver a rare respite of calm. It set the stage for the September 2012, election of a new, Western-backed President Hassan Sheikh Mohamud. Another key American ally, Kenya, last year joined forces with a Somali clan and seized control of al-Shabab’s principle stronghold, Kismayo.

But those gains are being threatened by rampant corruption within the U.S. backed government’s weak institutions, al-Shabab’s infiltration in the “highest levels” of the Somali government, and continued attacks against targets inside Somali, including a recent deadly strike on a U.N. humanitarian aid compound in Mogadishu.

Even worse, Kenyan forces in Kismayo have clashed with clans loyal to the U.S.-backed federal government while colluding with financial backers of al-Shabab in the lucrative and illicit charcoal trade, enabling the Islamist movement to refill its war chest. “The revenue that al-Shabaab currently derives from its Kismayo shareholding, its … exports and the taxation of ground transportation likely exceeds the estimated U.S. $25 million it generated in charcoal revenue when it controlled Kismayo,” the report stated.

That is Lynch over at FP in an excellent piece on the apparent increase in US involvement in the war in Somalia. 

Also, now you get the charcoal reference in my previous blog post…. Shame on the KDF, if this is true [I need a cure for denial].

Kismayu Falls, Potential for Consolidation of Gains Still Unclear

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Kismayu, the southern Somalia town that was the last holdout of Al-Shabaab has fallen. Kenya Defense Forces (KDF) took control of the town early Friday. It is still unclear what happened to many of the fighters that had dug in to defend the town from KDF and AMISOM.

Somalia recently elected a new president and has shown signs of getting its act together after more than two decades of anarchy.

I hope that AMISOM will consolidate the recent gains and that Somali politicians will seize this opportunity to lay the groundwork for peace and stability moving forward.

I also hope that for KDF’s troubles Somali townspeople in Kismayu, Mogadishu and elsewhere will soon get to enjoy the services and products of Equity, KCB, Uchumi, Nakumatt, among other Kenyan companies. Economic integration of Somalia into the EAC, and similarly South Sudan and Eastern DRC, will be one of the key ways of guaranteeing a lasting peace in these trouble spots and in the wider Eastern Africa region.

More on the developing story here and here. You can also follow updates from the al-Shabaab’s twitter handle @HSMPress.

Photo credit.