US envoy Robert Godec endorses Uhuru-Raila peace deal

Outgoing United States of America ambassador Robert Godec leaves after a record six-year tenure, during which he has been intimately involved in some of Kenya’s most intractable issues.

These include trying to negotiate political settlements after two disputed presidential elections, most recently playing a role in brokering the now famous handshake between President Uhuru Kenyatta and opposition leader Raila Odinga.

He has navigated sometimes fractured relations between Nairobi and Washington DC.

He has lived through two major terrorist attacks and been the lead point man for the local component of the American interventions in the global war on terror.

He has been here during the period of fastest growth of Chinese presence and seeming waning of America influence.

As he prepares to leave pending the arrival of his nominated successor, Senator Kyle McCarter, who awaits clearance by Congress, Mr Godec shared his experiences, triumphs and tribulations with Sunday Nation. EXCERPTS

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You leave at a time there is so much happening, when efforts towards dialogue are just bearing fruit. Do you feel there’s unfinished business, that there’s something you might still like to see through?

A: Short answer is yes. The 2017 elections were an opportunity for Kenyans to reaffirm their democracy, to underscore gains that have been made with 2010 Constitution, but reality is that Kenya’s democracy was hurt in 2017.

Reality is that because of actions of some Kenyan politicians, from both sides, there was damage done.

I want to be clear that United States and I personally never supported any particular candidate or any political party.

We sought to build a process to protect democracy and hold fair elections.

ETHNICITY
The handshake was very good news. I think it immediately lowered political temperatures in the county.

What it did was open a door to the type of dialogue that the country urgently needs and that Kenyans have been urging for a very long time, a dialogue around the challenges that the country faces; around protecting institutions, strengthening the electoral body, protecting the Judiciary and increasing a sense of inclusivity.

There is need to bring the country together because the ethnic divisions are very deep and urgently need to be addressed.

There are other challenges such as security sector reforms, corruption. These are things that need to be addressed in this dialogue.

I would just urge that it be inclusive and transparent, that it involves everybody and bring the real change that is urgently needed, particularly before the 2022 elections.

It’s been quite a while since that handshake, but we’ve seen no real movement. Does that concern you?

A: There has been a lot of discussions and lots of dialogue going on behind the scenes. I hope that an announcement will be made soon.

I would urge both sides to move with speed and get the actual dialogue moving. It does need to be done.

We are in a situation since the handshake that’s not quite clear. From both President Kenyatta and Mr Odinga’s camps, nobody is telling us what next. Questions are being raised whether it was just a truce between two families or the beginning of a real national dialogue. How do you see it?

A: What I believe is needed is a genuine national dialogue on the issues.

I have been in contact with both sides, I have offered support of the United States, financial support and technical expertise. I hope that it happens.

We saw what happened in 2017 and we saw what happened in 2007-08, so we have issues here that need to be addressed, and the only way this can happen is through an inclusive and open dialogue.

Obviously you’ve engaged both the principals, Mr Kenyatta and Mr Odinga, for some time, how do you gauge them, are they sincere or are they acting under pressure from yourselves and other Western envoys?

A: I think that they are sincere. I think there’s a lot of agreement between them about some of the problems that the country faces.

Obviously they were also competing for political power and the big disagreement was always around whether President Kenyatta was validly elected.

Once they were able to move beyond that and focus on the problems, I think they were then able to identify the challenges.

Is the dialogue going to take place? Are real solutions going to be found? Everybody’s been aware of these problems for a long time, and the question is always what’s going to be done about them. The ‘swearing-in’ of Mr Odinga, you and other western envoys took a very strong position against it. You were accused of simply echoing the Jubilee position. Would you have framed your interventions differently?

A: No, we would not have changed that. Together with 10 other heads of missions, we raised three main points.

The first was to criticise the government for doing things like shutting down television stations and taking other actions against opposition politicians, so there was a clear statement of our very deep concern about actions by the government.

The second thing was to call for dialogue. The third was to say that the Constitution has to be respected.

This means that since the Supreme Court ruled that President Kenyatta had been legitimately elected, that had to be recognised by Kenyans and that includes Mr Odinga.

So what I would tell you is that, at the end of the day, the opposition could have looked at the two of the three things that they agree with, instead of simply criticising us on the one they disagreed with.

You paid a visit to Mr Odinga and other Nasa leaders with a delegation that included business leaders from Kenya Private Sector Alliance and church leaders who were trying to broker dialogue. At that time Nasa complained that the personalities fronting dialogue were known Jubilee sympathisers and accused you of putting on the table proposals favourable to Jubilee. What changed?

A: Our position was never intended to be favourable to one side or the other. Our position was always very clear.

We believed that the election in 2017 showed that there were serious issues that needed to be addressed.

There was one question: Was Mr Kenyatta legitimately elected as President?

Reality is there was only one body under the Constitution allowed to make the initial decision, and that was Independent Electoral and Boundaries Commission and anybody who disagreed with that could go to the Supreme Court.

FUTURE

And people did, and the court in November ruled that he was properly elected.

Once that happened, under your Constitution, under your own laws, that was the result everyone in the country needed to accept.

If you’re going to have a country of laws, that needed to happen. The important thing now is to look forward.

The important point is that there are still issues to be discussed and again, the handshake opens the door to that happening.

Mr Odinga’s Nasa co-principals — Kalonzo Musyoka, Moses Wetang’ula and Musalia Mudavadi — kept away from his "swearing-in" partly because they did not want to offend the West. Did you put pressure on them to stay away? There were suggestions of specific threats such as visa bans and asset seizures.

A: Obviously we made our views clear to everybody on all sides on the mock swearing-in.

We did not think it was a good idea, it was not necessary.

And reality is there was a Supreme Court decision affirming President Kenyatta’s election.

We did talk to all the principals involved and made our views known, but ultimately they had to make their own choices.

It’s a sovereign country and each of these leaders has opportunity to make decisions.

Around that same period, there were indications that you approached Mr Odinga with a specific offer from Mr Kenyatta to stop the 'swearing-in', and in return maybe a place in government?

A: We’ve had many conversations with President Kenyatta, and many conversations with Mr Odinga.

I’ve always sought to serve as a bridge between the two.

That’s one of the critical things I sought to do over the last two years, frankly act as a bridge between the different political parties and their different positions.

And that is really to help keep the process moving forward, to keep the peace, to keep a strong democracy.

INDEPENDENCE

My view, very strongly, is that Kenya does not need foreign interference, does not need a new colonial governor, you don’t need a finger-wagging ambassador.

What you need is to govern yourselves, you can govern yourselves.

But to the extent I could be helpful, again serving as a bridge, I thought that can be productive and helpful.

I think the record shows that over the last couple of years there have been some successes.

After the Uhuru-Raila handshake we are seeing Nasa heading to disintegration, obviously to Jubilee’s advantage. Was that an intended or unintended consequence?

A: A strong opposition is important in a democracy and I hope Kenya maintains a strong opposition.

Whether it’s Nasa or some other configuration of political leaders, it is a matter for Kenyans to make a decision on, but a strong opposition is essential to a strong democracy.

We’ve been seeing increasing intolerance since President Kenyatta’s swearing-in. Attacks on the Judiciary, attacks on opposition leaders, the broadcast media shutdown, attacks on civil society, et cetera. To what extent might you be deemed complicit if we backslide towards dictatorship?

A: We’ve been clear about the importance of a strong democracy, respect for rule of law, respect for court orders and Judiciary.

We are very clear that the government should be the guarantor of liberty and freedom of expression for all under the law.

Shutting down of television stations is wrong, seizing passports of opposition politician is wrong, refusing to obey court orders is wrong.

These sorts of actions are of concern and we’ve been very plain about that in public and in private.

I think that over time we’ve had some measure of success in helping to address some of these situations.

Should President Trump’s apparent disregard or contempt for Africa — no mention of the continent on his campaign platform, affiliation to far right racist groups, the s***hole comment — worry us?

A: I need to stress that President Trump has denied making that comment. But there are other things to point out.

First, that he sent a letter to leaders across the continent, including President Kenyatta here, making clear the commitment of the United States to strong relations with Kenya and other African countries.

He made it clear that this is a very important continent and that the US wants to be engaged here.

FUNDS

I would also urge that we look closely at what’s actually happening on the ground.

I listed earlier some of the programmes US has here, our combined annual commitment to Kenya is almost $ 1 billion (Sh100 billion) on health, education, agriculture, security and more.

Those programmes are ongoing, supported by President Trump and his administration.

You’ve been here nearly six years, a record for any US ambassador in Kenya....

A: Actually I’m not just the longest serving American ambassador in Kenya, but at the moment the longest serving American ambassador anywhere in the world.

Congratulations. What would you list as your major accomplishment during that period?

A: I like to think, and I hope, that I have actually built stronger American-Kenyan partnerships.

The specific, concrete things accomplished have been quite a number.

There was Obama’s visit, the first sitting American president.

DIRECT FLIGHTS

There have been three Secretary of State visits, and many other American Cabinet secretaries.

We talked about the programmes, healthcare, education, agriculture, there have been big increases in some of them.

We are also moving forward on direct Kenyan-American flights and hopefully they will take off on October 28.

We have the five-year visa for Kenyans. Most visitors internationally to Kenya are now coming from the US, we had 117,000 Americans visiting last year.

So there are lots of different ways in which our relationships have advanced and where we’ve made real progress.

Regrets, disappointments?

A: There have been difficult bits, two things that have been really difficult, major challenges.

The first is really around security, I was here at the time of the Westgate Mall attack, I was here during Garissa University attack, I’ve seen the ongoing problems along the border.

I’ve worked very hard to help Kenyan security services protect the country, protect Kenyan citizens and also to protect Americans.

We have 28,000 American citizens here. This embassy is the largest American embassy in the whole of Africa and 13th largest worldwide.

CHALLENGES

We have 1,500 employees here, including 1,000 Kenyans who have been really extraordinary colleagues, really remarkable.

Protecting all of these people, ensuring their security, has been a major challenge.

The second major challenge, frankly, has been Kenyan politics.

The reality is too many politicians here are prepared to do anything to get elected.

They take action by way of reaching into institutions, bribery and threats in order to get what they want, in some instances they use violence and that’s a major problem for the country.

Dealing with that very difficult political situation and dealing with some politicians has been challenging.

The US has traditionally been seen to work in concert with civil society and other groups outside the political establishment, but over the 2017 electoral cycle we’ve seen a distance growing between yourselves and civil society groups. Is that a matter of concern?

A: Space for civil society is critical in Kenya.

Civil society still has a very important role to play in this country, and I’ve worked since my arrival to ensure that they have the space to do it.

As early as December 2013, I recall working very hard with civil society to ensure that proposed amendments to the law were not passed that would have severely restricted civil society.

I repeatedly, publicly and privately, called for implementation of Public Benefits Organisation Act, which civil society called for.

If you look at my statements over many, many months, you will see me urging that civil society be given the space to do its work.

I’ve expressed deep concern about actions of NGO Co-ordination Board.

I’ve done a lot, but at this time the core issue came down to if Uhuru Kenyatta was legitimately elected.

Again, under your laws and decision of Supreme Court, he was.

Every time the spectre of violence looms over electoral periods, we see groups like the business lobbies and churches banding together in peace campaigns, often at the expense of justice and the pre-requisite for free and fair elections. Do similar considerations influence your interventions?

A: Obviously I’ve worked very closely with business and religious leaders, civil society… I’ve been deeply engaged with them.

I’ve done some things myself, some I’ve done in concert with other diplomats.

Now, peace is clearly the foundation, you’ve got to have peace, and no Kenyan should die because of an election.

But I also believe there needs to be justice, to be fair.

You can’t have a democracy if you don’t have one-person-one vote, if you don’t have the rule of law, if you don’t have all of these other things.

That really is very important, so it is a balance and I’m looking at all of these things. Yes peace, but also justice.

Some of the statements you’ve made, yourself or in concert with other western ambassadors, attracted hostile reaction from Jubilee leaders. How do you navigate the waters when facing flack from both sides?

A: You’re exactly right. The truth is we’ve had criticism from both sides.

There have been things that we’ve said that both sides did not like.

Now, my job as American ambassador is obviously first of all to represent the American government and the American people, also to strongly advocate for the values that we believe in.

Those values and principles include democracy, fundamental freedoms, freedom of expression, freedom of media, strong civil society.

That’s always what I sought to do. That’s why criticisms about my favouring one side or the other, they’re just wrong.

I was just never ever doing that. What I was doing was trying to strengthen Kenya’s democracy and protect these fundamental freedoms and the rule of law.

That was the objective, to the extent that people wanted to criticise me, and both sides did from time to time.

That’s fine as long as I’m doing my job and advocating those values and principles. I believe I’m doing the right thing.

President Trump has shown his hand on dislike for international trade agreements, like Nafta, and protectionist tendencies, imposing tariffs on China. Should we be worried that he might act on Africa, particularly on the African Growth and Opportunity Act (Agoa)?

A: Agoa was re-authorised in 2015 over 10 years by a very strong bi-partisan coalition of Democrats and Republicans in Congress.

I see no indications that anyone intends to reverse the provisions under Agoa.

I’m not aware of any effort to do that and it remains a very important part of the commitment of the United States to Africa of building prosperity together.

The visit of then Secretary of State Tillerson revealed US preoccupation with growing Chinese influence in Africa. Is this an outcome of unfair Chinese penetration or the US having ignored a region of great strategic importance?

A: I certainly don’t think the United States has ignored the continent.

I’ve listed some of the government programmes between Kenya and the US.

When you look at the business side of things, the companies that are investing here, that are moving their offices here, it’s General Electric having its continental headquarters here, or another firm opening one of its 12 global innovation labs here, it’s Wrigley’s investing in a new factory, or a lot of small start-up companies coming.

Similarly you have seen across the board a lot of other institutions.

American universities, the President of Yale University was just here, more than 50 American universities have local partnerships.

CHINA

America is paying a lot of attention to Africa, but more is possible and that’s what we should encourage.

What I would say about the Chinese is simply, welcome the Chinese interest in Africa.

Frankly it’s been an extraordinary economic success, but I think with respect to the Chinese activity, I would encourage Kenyans, and Africans in general, to look closely at what they are offering.

If they propose an infrastructure project, look at it. Is it the right arrangement for you?

Is it going to benefit the people? That’s a choice for you to make in conjunction with the Chinese.

What’s important is that the playing field be level.

If you have a project that other countries might be interested in, let there be the opportunity for fair and open competition.

If you have government to government arrangement, let it be in the interest of Kenya, that’s what I would encourage.

The Miguna Miguna saga generated a great deal of controversy. Do you think it could have been handled differently?

A: I’ve talked to a number of people about this situation, and I’ve received conflicting information about what happened.

It’s essential that an independent and strong investigation be carried out to establish the facts.

I believe the National Assembly is doing investigation and it’s important to do so.

It’s critically important that the rule of law be respected in all of this, and that citizens are given the facts.

When you say that Parliament should investigate, are you agreeing with Interior Cabinet Secretary Fred Matiang’i that Parliament should investigate the Judiciary in its handling of the Miguna case and other cases where rulings have gone against the government?

A: No. I’m not saying that the National Assembly is necessarily the right place.

I’m aware that they are conducting investigations and I do feel that the facts should be established on this matter.

You mentioned earlier that the US is willing to support the national dialogue through funding and other measures. Obviously you have an interest in the outcome. Would that be in the US interest or in Kenya’s interests?

Why does the United States do all the things it does here?

Why are we providing all these sort of assistance?

Why are we working so closely with the Kenyan people on a whole range of things?

The bottom line is we do value our friendship with Kenya, we have an interest in a strong, stable, democratic, prosperous, Kenya.

GROWTH

Frankly when Kenya has all of those things, you are a better partner whether for regional challenges, or for trade and investments.

We can send more Americans here to see your incredible and beautiful country.

So, our interest in the dialogue is really an interest in having a stronger, more democratic, more secure Kenya.

It’s fundamentally up to you as Kenyans to negotiate, to discuss, to reach agreement how you address these challenges.

But I don’t think we have any disagreements, for example, that Kenya should not be corrupt.

Corruption should end in Kenya, that’s a Kenyan interest, it’s also an American interest, and it is something we can work on together.

Talking of corruption, there has been talk that the American firm, Bechtel Corporation, winning the contract for the new Nairobi-Mombasa highway was part of a political payoff, that no tenders were floated.

A: The claim here that there was some sort of deal or payoff is absolutely false, absolutely wrong.

Bechtel, which is a world class construction company — it has built roads in many places to the best international standards — made an offer about two and a half years ago to build this road.

It’s a road you urgently need to have.

Anybody who has driven on the Nairobi-Mombasa highway will agree that you need a new road, it is dangerous, there are accidents and deaths.

CORRUPTION

Now, you have a provision under your laws to allow government to government agreements for construction projects.

Properly used it can grant concessional financing, which you might not otherwise have.

This was a long and difficult negotiation, but Kenya frankly has got a great deal on this road.

It’s ultimately your choice whether to use Bechtel or not, but I can promise you this, there was absolutely no corruption or any sort of improper agreement. It simply is not true.

You have been critical on the opacity of Chinese infrastructural investment in Kenya, and the rest of Africa. Wasn’t Mombasa road pursued using a similar model to that employed by the Chinese?

I don’t think it’s opaque. At the end of the day a commercial deal has been signed, and financial deal is still under negotiation but all of this will be transparent and you will see a first class highway built at very reasonable cost.

Africa in the first decades of Independence was a battleground for the East-West Cold War. Could we see a repeat in US-China struggles for dominance?

I certainly hope not. What I would like to think is that it is possible for everybody to work co-operatively and openly towards the benefit of the countries in Africa, but also for their own benefit.

It doesn’t have to be a lose-lose situation. You can have everybody gaining, winning, building prosperity, that should be our goal.

It shouldn’t be a kind of a zero-sum competition.

You mentioned security as one of our major concerns, and I think it’s also a big US concern. There has recently been proposals for withdrawal or scaling down of Amisom, the regional military presence in Somalia, which includes Kenyan troops. Does the US think the Somalia government has the capacity to assume security responsibilities?

I don’t think that the government in Mogadishu is yet ready to take on all of this.

I think Amisom still has a critically important role to play.

Groups like Al-Shabaab pose a big threat, certainly to the region, and I think even globally.

Those extremist groups pose a threat to the safety and security of all of us.

It’s critically important that everybody continue to work for a secure, stable, prosperous, democratic Somalia.

SOMALIA

Obviously the international community has a role in the form of UN Security Council resolutions. The United States and the European Union should continue to provide money, equipment, training and other sorts of support.

The government in Mogadishu has a role to play by standing up and getting stronger.

The regional government have a critical role to play too.

Kenya has borne a big burden, and I have to say on the part of the United States, to express appreciation.

Kenya has paid a price, Kenyan soldiers have fought, they have died.

It’s not just for Somalia but for the international community and certainly for Kenya and the future of the region. It’s a challenge we all have to work together on.

Any word of advice for your successor?

I’m sure my successor will be great; he will continue to build the partnership, that’s what’s critical.

What every ambassador needs to do is build that Kenya-US relationship.

On your resume, will you list experience negotiating with ‘tribal chiefs’?

I will simply list some experience with negotiation.