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Delay, weigh, speak: Why Kenya's Western allies took their time on protests

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A police officer engages with protesters demonstrating along Kenyatta Avenue in Nairobi during anti-Finance Bill demos on June 25, 2024.

Photo credit: Bonface Bogita| Nation

Kenya’s Western allies jolted with reports of abductions are speaking out about the rights of protesters, even as they also weigh their language to back up Nairobi.

Moments after President William Ruto agreed to return the controversial Financial Bill to Parliament for eventual withdrawal, the US placed a call to praise him for de-escalation. But it also complained of the treatment of some of the protesters which rights watchdogs say have been detained without trace.

"The Secretary welcomed President Ruto’s commitment to Kenyans’ constitutionally-endowed rights, including peaceful assembly and due process for those detained,” a dispatch from the US State Department said after Secretary of State Antony Blinken spoke with President William Ruto on the phone on Wednesday, June 26.

“The Secretary reiterated the partnership of the United States with Kenya’s government and people as they work to address their economic challenges.”

For the US, a troubled Kenya could derail its programmes, especially after Ruto visited Washington in May and they laid out a vision for strengthening ties.

One of the areas of agreement was a "commitment to uphold human rights for all". A joint statement issued after the state visit said the two sides would continue to build relations based on good governance, openness and support for efforts against autocracy.  

"As part of our efforts to continually strengthen our own democracies, Kenya and the United States are continuing bilateral dialogues that reinforce commitments to human rights and bolster the integrity of democratic institutions."

Kenya is also implementing a US-funded Multinational Security Assistance Mission, and police troops landed in Haiti on Tuesday 25 June to begin the UN-backed operation against Haitian gangs.

This line of cooperation is crucial to upholding US interests, argues Nasong'o Muliro, a foreign policy and security specialist at the Global Centre for Policy and Security (GLOCEPS) in Nairobi. But they have also been consistent in defending their version of democracy and may stay away if Nairobi abandons them now, he said.

"This is a usual Western style of messaging about support for democracy and other liberal values. It is consistent on these values but not really on the economic issues that are causing these crises," Muliro told the Nation on Thursday.

"So when they issue statements like that, they are saying we are consistent about our values and we even tell our allies that. It is the same thing they said in Ukraine and in Gaza.  But the West faces a challenge over whether it can maintain its form of rules-based international order
while competing with the likes of China and Russia.

"It means that if things go badly, Kenya should know that these countries can easily abandon it. And so there is a risk that Nairobi has dragged itself back into the old proxy Cold War era."
As the protests began last week, the US and most of its Western allies remained silent. One reason, according to a diplomatic source, was the lack of a broad consensus on whether to speak out at all, given that the protests followed a debate in parliament. Some diplomats hoped the protests could be helped if, for example, parliament failed to push through the bill, the source explained. The other problem was that countries that routinely speak with one voice also have domestic problems.

But as the number of protest deaths and abductions mounted on Tuesday, the countries agreed to issue a statement that struck a middle ground, calling for restraint on both sides, police and protesters, while steering clear of the tax issues that had sparked the protests. But some stayed away from the statement.

The European Union only spoke about the protests after the president withdrew the bill and agreed to resume talks.

The European Union has followed with concern the outbreak of violence during yesterday's protests in Kenya, which resulted in the loss of lives, numerous injuries and significant damage to public and private property.

Defence and security forces should exercise restraint and protests should remain peaceful. Fundamental rights and freedoms, including freedom of demonstration, association, peaceful assembly and expression, must be respected.

"The European Union calls on all parties to continue to de-escalate the situation and trusts in the robustness of Kenyan democracy and institutions to achieve these goals," said Josep Borrell, EU High Representative for Security and Foreign Policy.

"President Ruto's recent decision to withdraw the Finance Bill helps to reduce tensions and should help to create an environment conducive to dialogue."

Like the US, it called for the fundamental rights and freedoms of protesters to be respected. The EU usually issues statements only after its 27 members have agreed on the wording.

Some diplomats from EU member states did not initially add their signatures to the joint statement first issued by Western allies on Tuesday. One source said these countries had not received permission from their capitals at the time to endorse the call for restraint and protection for peaceful demonstrators demanding the abolition of certain taxes. Others felt it would be inappropriate to characterise the protests as economic when they were also political.
However, some analysts argue that the delay was more a matter of national interest than convenience.

"Western powers are hypocritical. They only care about human rights as a means to an end. The end being to eliminate a competitor or rival," David Monda, a professor of political science at the City University of New York, told the Nation.

"If it's not in their interest to talk about human rights (as in most Middle Eastern countries), they will turn a blind eye.

"What Kenyans should remember is that only Kenyans can bring democracy to Kenya by holding leaders accountable every day. It won't come from Washington DC, London or Beijing.
Back in Nairobi, however, the authorities were grappling with what has now morphed from anti-tax protests into general discontent with the entire administration. Yesterday, Germany added its voice to condemn attacks on protesters and journalists injured in the melee, but said security forces had a duty to restore order "within the framework of the law". It described the protests as an escalation of a political crisis but said the president's decision to reject the bill would help calm tensions.