Raised eyebrows as Gachagua to take over CS Mutua roles

The government's move to allow diplomats to engage directly with state agencies has triggered concerns with some analysts terming it a vote of no confidence against Foreign Affairs top dogs.

In a note verbale dated March 1, 2023, the government informed all diplomatic missions that they can communicate directly with any government agency without going through the Ministry of Foreign Affairs.

In fact, requests for meetings involving more than one ministry would now be made through the Office of the Deputy President.

Some diplomatic and political observers say the move is a tactical move to cut down to size Foreign Affairs CS Alfred Mutua.

City lawyer Ahmednasir Abdullahi termed the communication a " huge vote of no confidence in CS Mutua."

But besides the implication for Foreign Affairs top officials, diplomatic experts have also termed the move a blunder that exposes Kenya to possible manipulation by global powers.

“Now they’re going to dupe every line ministry and manipulate them as they will,'' a former official in President Uhuru Kenyatta’s administration who requested anonymity said.

''Just imagine what happens when individual ministries with no background in global geopolitics and diplomacy, and who have no history about our relationships with individual countries begin to have direct relations with foreign governments that want to take full advantage of us? 'Just imagine what kind of MoU they’re going to sign and who is going to be held accountable for them?”

According to the official, a career diplomat, there is no precedence for the directive anywhere else in the world.

But Mutua in a tweet on Thursday maintained the decision was necessitated due to inefficiencies

“As CS for Foreign and Diaspora affairs, I have been bothered by many pending MoUs and lost opportunities due to traditional and mostly elitist-based bureaucracy," the CS said.

"After talks with the diplomatic community, I have issued the following notice for Chap Chap [faster] interactions."

In the new plan, the foreign missions are required to avail a report to the Ministry of Foreign Affairs on the deliberations with the government agencies within three days

“In the interest of coordination, the forgoing is subject to requirement by the missions to avail a report to the Ministry of Foreign and Diaspora Affairs on the held deliberation and decision undertaken within three days of the meeting,” the note verbale stated.

But the directive also appears to trim Mutua's powers which would now be taken over by Deputy President Rigathi Gachagua.

Already, the DP is coordinating the drought response team that draws its membership from the diplomatic community and the UN agencies.

He has also hosted various envoys, among them Ambassadors Michael Lotem (Israel), Meg Whiteman (the US), Gabriella Martini (Argentina), Juan Manuel (Cuba), Arnaud Suquet (France) and High Commissioner Jane Marriott (UK).

Article 41 (2) of the Vienna Convention on Diplomatic Relations explicitly provides that: “All official business with the receiving State entrusted to the mission by the sending state shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.”

The Ministry of Foreign and Diaspora Affairs has the primary responsibility to advise on, facilitate the execution of and steer Kenya’s foreign policy on behalf of the President.

Dr Hassan Khannenje, the director of the HORN International Institute for Strategic Studies, cpredicted the decision will cause more confusion instead of solving the highlighted inefficiencies.

According to Dr Khannenje, there is a danger in allowing government agencies without the knowledge and experience of conducting diplomacy to engage directly with the missions without the guidance of MFA.

Daniel Iberi, an associate director at the HORN, opined that it would have worked better had CS Mutua empowered the staff at the ministry and employ more officers to fix the inefficiencies.

Various diplomats have often complained of pending MoUs that have been gathering dust at the ministry for years, holding engagements in various fields such as education and scholarships, health, trade and taxation among others.

Reacting to the communication, Belgium Ambassador to Kenya Peter Maddens thank CS Mutua, saying the move is “much more efficient and a great token of mutual trust - or… how to actually manage diplomacy effectively”.

His Swedish counterpart Caroline Vicini also welcomed the move, adding that with less pushing of papers, there will be more time for substance and true diplomacy.