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PAN AFRICAN NEWS MEDIA

Writer's pictureKeynnan Koga

THE MUDDY WATERS OF KENYA’S FOREIGN POLICY; DIPLOMATIC BLUNDERS OR TRIAL AND ERROR?

Updated: Dec 18




Kenya has been experiencing a tepid diplomatic relationship with its neighbors. The disputes spring from politics, policies, business interests and public tongue slips by senior government officials leading to diplomatic upheaval. Certainly there is no war between Kenya and her neighbors but Kenya seems confused. Its policy makers especially those charged with the responsibility of  articulating its Foreign Policy don’t seem to know or understand what they’re doing.


Kenya has become more isolated in the region because of its regime’s bad policies. A declaration by the Kenyan president William Ruto that diplomatic relations between Kenya and her neighbors are good and perfect seemed to have been far from the truth. The claim appeared to be false as it emerged Kenya was facing a diplomatic quagmire which was witnessed when regional leaders failed to grace the Jamhuri day celebrations in 2023 as it was custom they attend.

 

Democratic Republic of Congo (DRC)

Kenya has been having good diplomatic relations with the Democratic Republic of Congo especially during the tenure of former President Uhuru Kenyatta. This was to the extent that Uhuru was seen as a good friend to President Tshisekedi. Uhuru Kenyatta was instrumental in pushing for Democratic Republic of Congo to join East African Community. In continuance of been a friend of the people of Democratic Republic of Congo, after retirement as president, Uhuru Kenyatta leads the Nairobi peace process which aims to restore peace and security in DRC and silence the guns. Unlike the preceding regime, the current Kenyan regime led by William Ruto has come out as having icy diplomatic ties with Democratic Republic of Congo.


In December 2023, former head of DRC’s electoral body, Corneille Nangaa together with exiled M23 rebel leader Bertrand Bisimwa announced the creation of a political-military alliance in a Nairobi hotel. The outfit would enjoin M23 rebels and other armed groups to form the Congo River Alliance. Following the announcement in Nairobi, began a diplomatic tiff between Kenya and DRC. Kenya’s Foreign Ministry stated that it ‘strongly dissociates’ itself from Democratic Republic of Congo’s internal affairs adding that it would investigate the matter. In this regard, Kenya denied DRC’s request to arrest the politicians and termed the request ‘undemocratic’. The Kenyan government argued that by virtue of it allowing the Corneille Nangaa led team to launch a ‘rebellion’ on its soil did not mean it supported the M23 rebels as Kenya is a country that allowed people to speak freely on any issue which is up for argument judging by how the regime in Kenya handles criticism and protests.

Democratic Republic of Congo announced that Kenya would face consequences as it hosted the Congolese rebels in its soil. In a move which can be viewed as retaliatory, DRC recalled its ambassador to Kenya and Tanzania which seats the East African Community headquarters. In the same period, the DRC government summoned the Kenyan ambassador to DRC. The diplomatic tiff played out when DRC barred East African Community observers from getting into the country to monitor its elections.


On April 2024, diplomatic ties took another turn when Kenyan carrier, Kenya Airways staff were arrested by DRC’s military police. In response the Kenyan carrier pulled out of the route suspending flights into DRC as the arrest of its staff was under controversial circumstances and was viewed as DRC ‘revenging’. It ignited a diplomatic storm forcing President William Ruto to dispatch Kenya’s Cabinet Secretary for Foreign & Diaspora Affairs to DRC accompanied by Kenya Airways Chief Executive Officer. In a meeting with DRC’s Deputy Prime Minister and Minister for Foreign Affairs, a raft of issues were agreed upon to forge good diplomatic relations between Kenya and DRC. The Kenya Airways staff were released and Kenya’s Foreign Affairs Cabinet Secretary acknowledged DRC’s president’s intervention to ensure the matter was resolved amicably. The meeting paved way for the resumption of Kenya Airways operations in DRC and the return of DRC’s ambassador to Kenya who had been recalled in December 2023. It also saw DRC allowing the newly appointed Kenyan ambassador to DRC, Shem Amadi to report to his station as up until this meeting DRC had not allowed him as his credentials were denied by DRC for over a year.

 

Tanzania

Kenya and Tanzania disputes never seem to be far from the surface making a small spark enough to trigger a diplomatic row. Bilateral ties have normally blown hot and cold for decades but since the era of the late President John Magufuli, the diplomatic tiffs have been playing out in public.


In 2020, Kenya identified its borders with Tanzania and Somalia as hotspots for corona virus and as a prevention measure, it rolled out an order that cross-border long distance truck drivers must be tested for covid before been granted entry into Kenya. This was in lieue of the declaration by former Tanzanian president John Magufuli that Tanzania is free of covid as God had ‘answered’ their prayers. The  disagreements between Kenya and Tanzania in Covid-19 protocols in the cross border movement led to a diplomatic showdown. This came in to action when Kenya restricted movement in its borders with Tanzania over Covid-19 and in response Tanzania barred all persons and automobiles from Kenya to enter Tanzania.


In July 2020, Tanzania was missing from an announced phased resumption of international flights by the Kenyan government. Tanzania reacted by revoking air and landing permission for Kenya Airways ‘until further notice’. The Kenyan authorities were concerned about Tanzania’s lacklustre response towards Covid-19. An estimation found that the diplomatic tiff hindered trade between Kenya and Tanzania leading to a loss of over Ksh.61.5 Billion.

As much as Public Health is important, it’s essential that before any cross-border protocols are developed there be bilateral consultations which should also include stakeholders. The Kenya-Tanzania diplomatic feud negatively affected livelihoods of traders, local communities and truck drivers. This standoff made the prices of food items increase as the supply chain had been disrupted. This became a trade barrier automatically affecting the African Continental Free Trade Area(AfCFTA) which advances the promotion of intra-Affrican trade and the intergration of the African market to compete in global trade and policies.


In June 2023, Tanzania halted the issuing of export permits to Kenyans who seeked to import maize from Tanzania terming it a move to ensure its food security. From this Tanzanian decision, there ensued a diplomatic row after over 200 Kenyan trucks were blocked from leaving Tanzania.

In January 2024 another diplomatic storm between Kenya and Tanzania ensued. Tanzanian authorities banned Kenya Airways flights to their country. This was  in response to Kenya’s refusal to approve its request for Cargo flight operations by Air Tanzania. Tanzania Civil Aviation Authority rescinded the approvals of Kenya Airways flights into their country. The diplomatic storm brewing hit Kenya hard forcing Kenya to reach out to its neighbor. After talks between Kenya’s Foreign & Diaspora affairs Cabinet Secretary Musalia Mudavadi, the then Kenyan Transport Cabinet Secretary Kipchumba Murkomen and their Tanzanian counterparts, the ban was lifted.

 

Uganda

Kenya-Uganda diplomatic tiffs are not new within the East African community. The two states have always not seeing eye to eye in the territorial dispute of Lake Victoria’s Migingo island but has never manifested to be an outward diplomatic showdown. The two countries have forged good relations in solving their inter-state squabbles but recently, the two states seemingly have strained diplomatic relations which are publicly expressed.


During the Covid era in 2020, there emerged a diplomatic showdown between Kenya and Uganda. Uganda unilaterally imposed a new directive requiring all cargo transporters from Kenya to re-test at their own cost upon entey into Ugandan territory. This was done by Uganda inspite of a previous agreement with the Kenyan government to allow passage for Kenyan truck drivers with Covid free Certificates. The policy shift caused an uproar which escalated into a diplomatic showdown. It took the intervention of both heads of state to harmonize cross border policies to end the diplomatic feud.


Uganda which has been Kenya’s biggest trade partner filed a case against Kenya at the East African Community Court of Justice in December 2023 over an oil importation deal. Kenya refused to license Uganda National Oil Company to operate locally and handle oil imports meant for Uganda. Uganda’s Attorney General claimed the Kenyan government restrained its Energy and Petroleum Regulatory Authority from issuing them with a license for importation of oil from Mombasa to Uganda. Uganda had complained that the Kenyan middlemen were overexploiting them and President Museveni sort to cut the middlemen by importing Uganda’s oil directly. Uganda also said that Kenya had reneged on its previous commitment to support Uganda’s quest of importing its fuel directly. Uganda imports 90% of its refined petroleum products through Kenya’s port of Mombasa and the products are normally transported to Uganda using the Pipeline owned and operated by Kenya Pipeline Company Limited.


Recently there has been a surge in Kenyan fishermen being harassed and detained by Ugandan authorities at the Kenya-Uganda along Lake Victoria. Kenya’s Ministry of Foreign & Diaspora Affairs has emphasized the need for investigations and its readiness to address this by offering both diplomatic and administrative solutions to the rampant incidents. In a joint Kenya-Uganda ministerial meeting in May 2024, it was agreed both states need to harmonize fishing laws and streamline licenses which would resolve these issues.

 

Rwanda

The then Kenyan Transport Cabinet Secretary now Sports and Youth Affairs Cabinet Secretary, Kipchumba Murkomen triggered what many viewed as an attack to Rwanda. During an interview with a Kenyan broadcaster, he said, “Rwanda is not like Kenya. Rwanda is an autocracy and there whatever the president says is the law.”  As much as many would agree with his sentiments in view of Paul Kagame’s dictatorial and tyrannical regime, it was undiplomatic of the Cabinet Secretary as he is a representative of the government of Kenya. His statement triggered an uproar as many accused Kenya for its unprovoked attack on President Paul Kagame’s administration.  

 

Sudan

In an unprecedented diplomatic blunder, Kenya’s President William Ruto hosted paramilitary commander and rebel leader Mohamed Daglo for a state visit in January 2024. Mohamed Hamdan Dagalo leads the rebel group Rapid Support Forces which has been at war with Sudan’s army. This caused an uproar and Mohamed Dagalo’s scheduled press conference in Nairobi did not take place. In retaliation, Sudan recalled its ambassador to Kenya. A statement by Sudan’s Foreign Minister stated that the ambassador had been recalled ‘for consultations in protest of the official reception organized by the Kenyan government for the leader of the rebel militia.’ In addition it was stated that the consultations would involve all other possibilities for the re-evaluation of Sudan’s relations with Kenya.


The appearance of camaraderie between William Ruto and Mohamed Dagalo led to rejection of Ruto to chair the Intergovernmental Authority on Development(IGAD) team tasked with mediating in Sudan’s civil war. Sudan’s leader Abdel Fattah Al-Burhan protested and rejected the appointment of Ruto to lead  the mediation team. This visit almost made the mediation talks collapse further prolonging the Sudan civil war as it’s in everybodys best interest moreso the Sudanese people that a lasting diplomatic solution is found to stop the war. Although it may seem to be in everybody’s best interest that a Civilian regime is bestowed in Sudan through Mohamed Dagalo who is open to a civilian transition unlike his rival Al-Burhan, Kenya cannot seem to pick sides yet it’s a referee. Kenya should always stand for the people of Sudan as they’re collateral to a power struggle between two generals causing a humanitarian catastrophe.

 

Federal Republic of Somalia

Somali-Kenya relations have been stormy and frosty under former Somalia’s president Mohamed Abdullahi Farmaajo. In all tribulations facing both countries, there had been hope that under the current president Hassan Mohamud, the tensions would ease and diplomatic relations would spur. An indication of a new dawn of diplomatic relations was highlighted when former Kenyan president Uhuru Kenyatta graced the inauguration of Hassan Muhamud.


In May 2019, Kenya detained a Somalia government delegation at Jomo Kenyatta International Airport for not having visas as they were suppossed to attend a European Union workshop in Nairobi. Kenya-Somalia relations became more frosty as both states began accusing each other of internal interference. In March 2020, a military infighting between Jubbaland Forces and Somalia National Army spilled into Kenya’s territory leading to disruption and destruction of property in the border town of Mandera.


In 2020, Somalia completely severed and cut its diplomatic relations with Kenya when President Uhuru Kenyatta received Muse Bihi, the president of the self-proclaimed Republic of Somaliland in Nairobi. Somalia still considers Somaliland as part of Somalia and this severed diplomatic ties between the two states. In the meeting between Somaliland and Kenya’s president, there was a pledge of opening a Kenyan consulate in Hargesia, the capital of Somaliland and that Kenya Airways would start direct flights to Hargesia. This made the Federal Republic of Somalia view Kenya as an aggressor to its sovereignty. In retaliation, Somalia banned the importation of Khat/Miraa from Kenya making Kenya loose a big market for its Khat product. Somalia also accussed Kenya of meddling in its internal affairs ordering all its diplomats in Kenya to return while Kenyan diplomats in Somalia were ordered to leave within seven days.


After Somalia expelled Kenya’s ambassador to Somalia, another diplomatic showdown was brewing over elections. Somalia accused Kenya of interfering in the elections in Jubbaland which is one of Somalia’s five semi-autonomous states. In light of the Jubbaland tensions, Somalia also stated that Kenya was hosting a fugitive who was a Jubbaland minister and had escaped prison in Mogadishu after been arrested for ‘serious crimes’. The Faarmajo administration in Mogadishu accused Kenya of supporting its political opposition, whether it was Ahmed Madobe in Jubbaland or other political candidates that were running against his administration. This was in essence that most opposition candidates were based in Nairobi where they would head their campaigns from before travelling to Mogadishu for elections.


Kenya introduced mandatory stopover in Wajir for planes from Somalia. In addition it pooled off its troops from the interior of Somalia towards their shared border, leaving the area vulnerable to Al-Shabaab attacks. In the shared fight against terrorism and cooperation between Kenya and Somalia in fighting Al-Shabaab would disintergrate and leave Somalia on its own and without enough artillery and manpower. Kenya was gaining as it reduced the terrorists activities in its territory during its mission in Somalia.


Kenya and Somalia have long been embroiled in a maritime territory dispute. The territory in the Indian Ocean is thought to be rich in oil and gas. There was a 2009 agreement between the two states backed by United Nations to resolve the boundary disagreement through negotiation. Somalia said that the negotiations had failed and would seek redress at the International Court of Justice. In  2014, Somalia lodged a complaint at the International Court of Justice seeking a legal solution. Kenya opted for an out of court settlement which would be mediated and binding to both states. In 2019, Kenya expelled Somalia’s ambassador and recalled its ambassador from Mogadishu claiming Somalia had auctioned oil blocks in the disputed territory in the Indian Ocean.


A 2021 ruling by International Court of Justice was in favour of Somalia and Kenya rejected the ruling in ‘totality’ accusing the court of bias. A statement by then Kenyan president Uhuru Kenyatta stated that the ruling strained the relations between the two states. Kenya refused to accept the court’s jurisdiction and since there’s no proper enforcement mechanism the International Court of Justice can take, it’s still in limbo what Somalia can do next to seek redress since it has no navy. Kenya pledged its readiness to go to war for the defence if its territory which saw the upgrading of a navy base near the disputed territory to a full military base.


Kenya found itself between a rock and a hard place as it’s a signatory to to the International Court of Justice thus having no legal grounds to reject the court’s judgement. Rejecting the decision in totality and by not adhering to the court’s judgement, Kenya has joined a list of nations that renege on their international obligations. This was evident as the week preceding the judgement, Kenya announced its withdrawal of participation in the case and its rejection of the court’s recognition to have jurisdiction over Kenya.


In such disputes, the International Court of Justice ought to be the final arbiter. Kenya’s rejection of the judgement could make things escalate to the United Nations Security Council since a territorial war would be in the offing. There have been fears of an armed confrontation judging by the dispute’s ongoing trajectory. It should be noted that conflict should not be an option, the two states ought to cue another round of negotiation, mediation, diplomatic showdown or all.


The Kenya-Somalia rivalry would also be seeing at play out when the Federal Reublic of Somalia supported Djibouti instead of Kenya for the United Nations Security Council’s non-permanent member seat. The question Kenya would ask itself is, will Somalia support its candidate for the African Union Commission chairperson in 2025?


In June 2022, Somalia’s ambassador Mohamud Ahmed Nur walked out of a diplomatic corps meeting in Nairobi because of the presence of a Somaliland envoy and flag. He walked out of the luncheon which was organized for the diplomatic corps by President Uhuru Kenyatta. The walk out was in protest of Kenya inviting and according same diplomatic previledges of a sovereign state to a Somaliland diplomat, considering it a violation. This walk out protest just came days after President Uhuru attended the inauguration of Somalia’s president Hassan Sheikh Muhamud. In a statement, Kenya said it regretted the unfortunate incident of having the Somaliland flag and described the events as inadvertent. Kenya’s Ministry of Foreign Affairs said that it recognizes one Federal Republic of Somalia Government and the integrity of the Federal Somalia State. It’s evident this was a diplomatic faux pas on the Kenyan end especially for relations which promised to be better than where they were during Somalia’s preceding regime.

 

Ethiopia

Kenya-Ethiopian relations have been been largely shaped by both fighting to control the region and on who calls the shots in the region. That rivalry has always been healthy as it is mostly seen in the African Union and the River Nile diplomacy. There has been friction in Kenya and Ethiopian relations arising from disagreements between Kenya and Somalia over Jubbaland. Addis Ababa was in favor of the federal government of Somalia and its attempts in influencing Jubbaland outcomes were clashing with Nairobi’s interests.  


Kenya and Ethiopia relations have been tested in border and water disputes. Ethiopia’s decision to pursue a port development in Somaliland which prompted fury in Somalia led to disquiet in Nairobi.  The Moyale border dispute between the two countries has been long awaiting a permanent resolution but never materialized to a diplomatic showdown. There seems to be mutual cooperation to not escalate any dispute to something that may break headlines. There has also been tension over shared water resources management. Ethiopia opened a dam sparking uproar as it reduced the flow of water into Lake Turkana from River Omo. Ethiopia is not new to controversy in water resources and its pursuit of national interest for its people in the available water resources. This was also seen in its dispute with Egypt as Ethiopia is constructing the Grand Ethiopian Rennaissance Dam along River Nile which Egypt has always been against as it could reduce the water flow which Egypt largely depends on.

 

Kenya’s Foreign Policy has seemed to be changing with each regime depending on who’s the head of state. During the Uhuru regime Kenya was more fond of the East mainly China through infrastructural diplomacy. Kenya went East and fashioned its Foreign Policy during Uhuru’s regime to suit it. In the current regime under William Ruto, it has certainly not yet known which Foreign Policy ideology to adopt. However it clearly seems, they are pro-West and more cordial to the West and moreso United States of America despite a backlash from its citizens not to be too friendly with United States of America. The citizens have complained far and wide on their dissapproval of Kenya’s relations with United States to the point of a mass request of the former US ambassador to Kenya, Meg Whitman to be recalled.

Kenya’s relations with United States of America has made Kenya appear as an American stooge in Africa and president William Ruto been seen as a ‘house negro’ globally and even by his own citizens. Our cordial relationship with America saw Kenyan police sent to Haiti on a peace keeping mission and the regime so determined to please their ‘masters’ ignored a court order stopping the same. This hugely reflects on how Kenya has handled issues touching on the Russia-Ukraine war, Israel-Palestine war and the coups in West Africa. Many countries in Africa see Kenya as behaving like a colonial state of America as far as its Foreign Policy is articulated. This is clearly detrimental to Kenya’s Foreign Policy which appears to shift with each successive regime making Kenya not have a clear and tangible Foreign Policy.  At this time when African countries are moving away from their colonial masters and hegemonical states who take advantage of them, Kenya’s Foreign Policy seems to be stagnant on the Master-servant stage. All this will definitey play out in the African Union commission chairperson elections in 2025. Will African countries side with Kenya’s candidate?


Kenya  finds itself in a volatile region and since its diplomatic relations are tending to be more and more antagonistic, there’s need for an extensive and critical think on Kenya’s Foreign Policy. As it should promote its national interests, the Foreign Policy should also be in tandem with regional intergration based on the Principle of Good Neighborliness. Kenya needs to develop and utilize diplomatic strategies with the aim of advancing regional cooperation and encourage  cross border trade. Kenya must tone down on its aggressive diplomatic policies and derive a mending structure to its deteriorating relations.

Its usual for nations especially neighboring states to have diplomatic rows as there will always be differences. However, if the wrangles become too frequent as has been the case between Kenya and her neighbors, there is alot of concern that needs comprehensive solutions. The differences accompanied by political groundstanding leads to recurrent cold wars that disadvantages business activities in the East African region. These constant feuds are detrimental to the East African vision of a region working in pursuit of economic growth and a favourable investment environment to improve the living standards. .


Why rethink Kenya’s Foreign Policy? Kenya has recently being experiencing periodic barriers in its diplomatic affairs not limited to its regional partners but also globally. Prosperity of any state largely depends on its relations with its neighbors and Kenya is no different. Kenya should explore on good neighborliness as they are its largest trading partners. There is great need to analyze Kenya’s Foreign Policy on its successes and its shortcomings so that it can be recalibrated to suit the contemporary regional and global needs.


Kenya recently launched the 2024 Revised Foreign Policy Document and the new Foreign Policy must put emphasis on the adoption of the Principle of Non-Interference. By highlighting the plight of non-intrusiveness, it will aid Kenya in promoting regional acceptance. The new policy should robustly seal loopholes if Kenya is pursuing settling of the recent and current diplomatic wrangles. As a former non-permanent member of the United Nations Security Council and previously been viewed as a ‘big brother’ in the region to promote regional peace and security, Kenya must forge good diplomatic relations with its neighbors.


There is also the need to have a strong Foreign Affairs Ministry led by a strong Cabinet Secretary in the realm of Naledi Pandor of South Africa, one who is well informed, understands and conversant with the diplomatic sphere. One who can articulate the Foreign Policy well and bring Kenya into the global stage.

 

 

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