Travel ban: Will European Union join the fray?

Business

By David Ohito

The US Government action threatening top Kenyan officials with travel bans has thrown the Grand Coalition into sharp divisions.

Eyes turn to the European Union on what action they will take after US and Canada announced that anti-reform individuals faced permanent travel bans to their countries.

The reality of travel ban and its serious implications has hit hard, snowballing into a diplomatic row between Kenya and the US Government.

The truth began dawning on ministers, MPs and permanent secretaries when the Canadian Government issued a tough visa policy statement only hours after the US notice.

So far, only two out of the 15 recipients of the letters have owned up — the outspoken Justice Minister Mutula Kilonzo and joint Government Chief Whip Jakoyo Midiwo.

The rest appear to have been cowed by the letter and are busy hurling unsavoury words at US Ambassador Michael Ranneberger.

Interestingly, coalition principals President Kibaki and Prime Minister Raila Odinga pulled in opposite directions on the matter.

President Kibaki’s protest came a day after the Prime Minister said the US Government was "totally entitled" to take action it deems appropriate against Kenyan officials.

Raila made the remarks on Thursday night at a Harvard University forum in response to a question about the Obama administration’s threat to bar 15 Kenyan leaders from entering the US unless they stopped blocking political reforms.

out of step

A terse statement from State House, Nairobi, issued on Saturday said: "President Kibaki has written to President Barack Obama of the United States expressing displeasure and concern about letters written by a US Government official to some ministers, some MPs and some civil servants in their personal capacity on matters of Kenya’s public policy.

The action by the US Government official is considered out of step with international protocols in the conduct of relations between friendly nations."

The US Government has not delivered an official response to the President’s letter so far after Ranneberger declined to comment.

The US statement came the same week Raila met Obama in New York and urged him on the need to entrench reforms to guard the country from a repeat of the bloodbath witnessed after the disputed 2007 presidential elections.

The ministers may find their duties severely curtailed, as they may not travel to the countries that host lending institutions like the World Bank, the IMF and United Nations agencies.

Donors may similarly cut funding the dockets which the affected officials head, resulting in serious disruption of planned development projects.

Eyes turned to the European Union whose statement is expected to follow suit after stating they supported a local tribunal to try post-election violence suspects and far reaching institutional, legal and constitutional reforms.

Final blow

Should EU act, then it would deal the final blow on the fate of the 15 officers who have received the letters.

Lawyer Paul Muite said: "It will be impossible for some ministers to carry out their duties. All the lending institutions are in Europe and US and their dockets may suffer."

Muite supported the diplomatic actions, saying the MPs and ministers must now support the local tribunal whose Bill, sponsored by Central Imenti MP Gitobu Imanyara, is lying before Parliament. Communications consultant George Odera-Outa argues there is no need for officialdom to be characterised by defiant, intransigent and often uncouth language in responding to foreign criticisms.

University lecturer Amukowa Anangwe urged leaders to stop chest thumping and deal with the issues raised by donors.

"This is a first step and severe action may follow. Ministers mentioned may have their dockets denied funding as a punishment. It must not be treated lightly," Dr Anangwe said.

Those threatened found themselves cornered as the Canadian Government issued a similar warning that it would be reviewing visa applications on a case-by-case basis.

Canada fired the warning shot only hours after US slapped warnings on 15 government officials and threatened them with visa bans next week.

It is expected that the European Union, with its 27-member states including the United Kingdom, will join US and Canada.

Canadian High Commissioner Ross Hynes said Canadian law denies entry to Canada of foreign nationals responsible for subverting democratic institutions and processes, or for engaging in acts of criminality.

The US is the biggest single bilateral donor to Kenya with up to Sh225 billion invested annually (US$3 billion).

Fundamental reforms

Canada issued the warning on the same week it dolled out Sh700 million to support food supplies in drought hit areas.

The latest move appeared only to tighten the noose on Kenyan authorities to fast track the reform agenda and to fight impunity and corruption decisively.

Said Hynes: "It is not Canadian government policy or practice to prepare advance lists of individuals inadmissible to Canada. Under Canadian law, visa applications are assessed, as received, on a case by case basis."

He added: "However, in the circumstances currently prevailing in Kenya these provisions will be given the usual careful consideration, and applied in appropriate cases."

Like the US Government, the statement said Canada continues to support the insistence of the Kenyan people that fundamental reforms be fully implemented as agreed in the National Accord of 2008.

The Government of Canada said it stands with other members of the international community in encouraging the Government and the Parliament of Kenya to fulfil their National Accord commitments as a matter of urgency.

Last week, the Obama administration said it was frustrated by the officials who stood in the way of reforms, encouraged impunity and were implicated in post election-violence.

"The US Government sent letters signed by (US Secretary of State Johnnie) Carson to 15 individuals, making it clear that the future relationship of those persons with the US was tied to their support for implementation of the reform agenda and opposition to the use of violence," Ranneberger said.

Protocol breach

Criticism has followed the move with Roads Minister Franklin Bett accusing the US Government of breaching protocol and writing to individuals directly.

Carson said: "Under the watchful eye of Kenya’s long serving Attorney General Amos Wako — a man who has served loyally under President Kibaki and President Moi — not one government official or serving politician has been successfully prosecuted for corruption in Kenya in two decades. Kenya’s six-year-old anti-corruption authority has demonstrated a similar success rate."

public’s attitude

The US is concerned that Kenya’s court system has also shown a willingness to play along with the Attorney General’s style of politics.

"On the rare occasions when corruption cases are presented to the courts, they are thrown out on procedural grounds or are allowed to die in a sea of judicial bureaucracy. In Kenya, there is a saying that sums up the public’s attitude towards the nation’s courts: ‘Why hire a lawyer when you can buy a judge’."

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