Top new posts of 2015

USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers

Washington sees that Uhuru’s security approach is counterproductive; Kenya’s democrats must still counter Uhuru’s DC lobbyists to hope for better U.S. policy by 2017

“The War for History” part ten: What was going on in the State Department on Kenya’s failed election, recognizing change at IRI–and how the 2007 exit poll controversy turned into a boon for IRI in Kenya

Jamhuri Day no. 52–Secret “visa bans” are too little, too late from the USA to revive Kenya’s democratic spirit of 2002

Integrity Centre

US Secretary of State Kerry issued a short perfunctory statement of congratulations to Kenyans for Jumhuri Day, mentioning his visit to Kenya in May, but not President Obama’s visit in July.

I get tired of expressing my disappointment in my government’s approach to relations with Kenya’s government and informal power structure and I did not have much to say about Obama’s visit.  One particular item that got marginal attention in the Kenyan media and that I chose to ignore was an actual signed agreement between the Government of Kenya and the Government of the United States styled as a “Joint Commitment to Promote Good Governance and Anti-Corruption Efforts in Kenya“.  There is actually a fair bit of detail to this agreement in terms of process, meetings, communications, and such, aside from the platitudes suggesting that the same people with life-long track records of comfort with corruption in Kenya were suddenly born again  GooGoos (GooGoo being an old American slang term for “good government” types, referring to reformers who opposed corrupt urban political “machines” in large cities such as Chicago and my hometown of Kansas City).

In spite of the temporary boost to the UhuRuto administration from President Obama’s Nairobi visit, there has been a rising chorus of Kenyan grassroots umbrage to the extreme corruption levels as more and more scandals have emerged without, still, any actual sucessful prosecutions of major figures (meaning major players in either business or politics, or most likely both together) for any of the known thievery.

In the wake of the Pope’s visit, Uhuru–who has made conspicuous use of Roman Catholic photo props in his campaign and PR imagery since the contested 2013 vote–was said to have been moved or shamed to take some action, along the lines of the kinds of things that he had already agreed to do in his July agreement with the United States, to fight “graft”.  Perhaps.  “You just never know,” as some older conservative friends in Mississippi said when I tried to explain back in 2008 that everyone in Kenya knew that Barack Obama was born in the United States, not in Kenya.

What about on the United States side?  Does our government really want to change things now?  Here is what I would need to see to be persuaded that we have decided to change the game: 1) public follow up on the Goodyear bribes paid to public officials in Kenya [months have gone by now with no prosecutions in Kenya reported in the press after the parent company in the US turned itself in to the SEC and the Justice Department]; 2) public follow up on the bribery of the Independent Electoral and Boundaries Commission in the 2013 election procurements [I finally submitted a Freedom of Information Act (“FOIA”) request a few months ago to USAID on the procurements we paid for through IFES and for our dealings with the vendor Smith & Ouzman which was convicted in the UK of bribing the Kenyan IEBC–no documents or substantive response yet]; 3) public follow up on the issue of unnamed Kenyan officials being among those bribed by Chinese interests at the UN in New York resulting in U.S. indictments.

It has been credibly reported based on leaks that the new “visa bans” on travel to the US by Kenyan officials are quite extensive.  Great.  But we do this type of thing, if not quite to this extent, periodically.  Over the years it obviously has not added up to any strategic progress even if there may (or may not) have been a few tactical successes here or there. Bottom line is that I don’t think you can really fight corruption with secrecy–you have to chose your priorities.  And for my government to ignore the cases that have been publicly exposed in which we have some direct stake leaves me unconvinced that we have actually changed our priorities from 2007 and 2013 when I was in Kenya to see for myself.

One thing that we could do to make sure we are “practicing what we preach” on the governance side is for Congress to have oversight hearings about how we are carrying out the July 25 “Joint Agreement”.

Tanzania Decides: EU, Commonwealth, AU and SADC observers issue joint statement regarding election and Zanzibar annulment; call for transparency

October 29 Statement
internationalobservermissionsjointstatement_en.pdf

LSE’s Africa blog asks: Is Tanzania’s National Election Commission credible? 

Cancellation of election in Zanzibar should be wake up call on credibility of diplomatic “election observers” [updated]

Zanzibar HatariThe EAC, along with SADC as noted in my post yesterday, declared the Tanzanian election “free and fair” early in the vote count.

Of course, this should never have been taken with a straight face by the media as it is wholly implausible. You have to have a “free and fair” count and reporting of the count to have a free and fair election.

Tanzania is one of five EAC member states (and the one with the most stabile recent democratic progress, but a ruling party that has not turned over since independence).  Groups of diplomats from the EAC and SADC are not similarly situated to outside, at least notionally independent, observation organizations.

See:  How is IGAD’s “diplomatic observation” regarding Kenya’s election process helpful? from February 1, 2013.

Election Observation: Diplomacy or Assistance? from July 25, 2010.

Here is the link to the EU Election Observation Mission which issued a positive but temperate preliminary statement on the progress of the election yesterday.  There are always “real world” issues and limitations, but these EOM’s are institutionally established to have some level of bona fide independence, and the government facing this election is not a member of the EU which includes many members with a wide range of relevant interests.

Tanzania vote count continues; SADC observers find election was “free and fair” and represents “the will of the people” [updated]

[The point here is you cannot possibly reach a plausible conclusion that an election was “free and fair” or reflected “the will of the people” in the early stages of counting the vote! Would have thought that goes without saying . . .]

The Southern African Development Community election observation mission is led by Oldemiro Baloi, Foreign Minister of Mozambique. Tanzania is a member state of SADC.  Amid the “preliminary” statements from the various observation missions being reported by the international media, from Twitter:

@sarahkimani: Baloi: Tanzania’s elections were free, fair, transparent and credible and represent the will of the people of Tanzania. #SABCnews

 “The last hopeful place” for democratic progress in East Africa–Tanzania’s election is important test for US Millenium Challenge Corporation model

imageThe United States invested heavily in its relationship with Tanzania in the “post-Cold War” era and on into the present period of “democratic recession”.  The Millenium Challenge Corporation has had the Tanzania compact as a flagship relationship and just voted late last month to proceed with the partnership on the basis of a barely cleared corruption hurdle.  I don’t follow Tanzanian politics closely and never lived there, but the consensus in the West appears to be that corruption has worsened in recent years while basic stability and growth in the aggregate size of the economy from a low base have been more positive features.  Most Tanzanians remain materially poor and only a small percentage of younger people have jobs as population growth remains rapid.

Western discussion of the election seems to be have been fairly muted given its conceptual significance.  I think part of the reason for this is that the match up presents some conumdrums that raise the stakes of commentary and exhortation from the outside.  Given that Tanzania has remained under the current version (“CCM”) of the Independence/Cold War era “single party” for all these years, the point of democracy assistance and outside focus would normally be on progress toward levelling the playing field so that someone else could eventually win if the majority of citizens was so inclined.

The twist is that the opposition coalition, representing the pre-existing reformist voices, ended up fronting a candidate, Edward Lowassa, by reputation a leading player in the corruption himself.  He was forced out as Prime Minister in 2008–a time when anti-corruption and goverance reform was in vogue among donors–and was pushed aside this year from his expected ruling CCM party nomination to succeed Kikwete before defecting to the opposition Chadema party.

Nonetheless, in Tanzania, unlike in any of its four East African Community neighbors the trajectory toward fair competition and “deeping democracy” has remained plausibly if uncertainly intact.  The National Election Commission has registered 24M voters compared to 14M by Kenya’s IEBC in 2013 (estimates suggest Tanzania has a population perhaps around 10% higher).  At the same time, there has been recent democratization “backsliding” on issues besides corruption, in particular media freedom.

Among donors there is what Jeffrey Gettleman’s piece in today’s New York Times notes is being called “democracy fatigue”.  Maybe things have gone badly enough around the region that we are just happy that Tanzania’s President Kikwete is honoring constitutional term limits, especially in the wake of a derailed constitutional reform effort that was supposed to lead to a referendum on a new charter before this election.

Regardless of the outcome a well run election understood by Tanzanian voters to have been free and fair would be arguably a “feather in the cap” for the MCC model and the general U.S. assistance structure.  Which of course is one more important reason for journalists covering the election observations to be responsibly sensitive to the underlying interests and conflicts faced by the various observation missions and individual observers.

See “The Kenyan factor in Tanzania’s 2015 electionin The Citizen.

And “Tanzania’s election crackdown on free speech” in The Daily Beast.

“Look, no hands” — Outgoing U.S. Ambassador to Uganda declines to offer support for electoral reforms (updated)

In an interview in today’s edition of Uganda’s state owned New Vision, retiring U.S. Ambassador Scott DeLisi addressed the current Ugandan campaign for the 2016 elections. In response to a question about civil society concerns about narrowing of the democratic space in Uganda, DeLisi declined to weigh in and went so far as to volunteer a position on behalf of the United States that he would leave the issue of electoral reforms for Ugandans to “discuss among themselves”.  Translated from diplospeak, discussion among Ugandans here means that prospective voters can mutter, murmur or swear and Museveni can decide as he will without consequence.

In his most recent re-election in 2011, Museveni stiffed the United States by keeping control of the appointment of Uganda’s electoral commission. See “High level U.S. delegation carries requests to Museveni on fair elections and Iran sanctions” and “Plenty of reason to be concerned about Uganda election” along with linked related posts. This time, the Obama Administration, fresh off dancing with Kenyatta literally and with Hailemariam figuratively, seems to have given up on any aspiration for pro-reform influence well in advance.

From the interview:

You have always asserted that the US mission will not get entangled in local politics. But as an ambassador, what advice would you give to players in the impending elections?

We never said we will not get involved in politics. Just as citizens of this country, we have invested in this country. Do we want this country to be a success with a strong and vibrant democracy? Yes.
If caring about this means getting involved in politics, then we will do. As for which candidate or party to support, that is for people of Uganda to decide.

We talk to leaders of all political parties – NRM, FDC, DP, UPC. Name them, we talk to them. We tell them that there should be a constructive electoral process in which people’s views are respected, where people engage each other respectively, where there is no room for violence.

So that, at the end of the day, no matter who wins the election, it is a credible result that services Uganda well and gives the new leader legitimacy to lead the country effectively and deal with the challenges that will emerge.

Do you share concerns by civil society that political space in Uganda is narrowing?

I don’t know whether it is narrowing down but I perfectly appreciate the challenges of civil society. But this is a constant dialogue we are always having with the Government to ensure that there is room for meaningful dialogue and engagement.

There is the NGO Bill currently before Parliament and during consultations; we have seen the NGO community, civil society engage with MPs in a robust dialogue that has brought significant changes to this piece of legislation. I don’t know what the final law will look like.

I know civil society would have liked to see the issue of electoral reforms addressed fully, but I leave that to Ugandans to debate among themselves about the need to strengthen the democratic process. We have seen in US that even after 250 years, we are still working to improve our democracy.

Update: To understand the context and significance of the Museveni government’s continued stonewalling, see today’s Daily Monitor: The Unresolved Question of  Electoral Reforms, What it Means for 2016.

New testimony in Kenya’s Parliament on Election Commission “Chickengate” procurement corruption ahead of visit by Obama and U.S. Congressmen

k”Ex-ICT boss tells Parliament that IEBC bungled 2013 electionThe Star July 22, 2015:

“We were put under tremendous pressure to ensure the Evids succeeded. Just days before the certification of the register, we were forced to transfer data, leading to serious discrepancies between the BVR register and the Evids one,” Ong’ondi said. Ong’ondi was speaking when he appeared before the parliamentary Public Accounts Committee chaired by Rarieda MP Nicholas Gumbo. The committee is probing the acquisition and subsequent failure of electronic devices used by the IEBC.

. . . .

He explained how business interests triumphed over responsibility upon the commission to deliver a reliable and effective ICT infrastructure that could guarantee, beyond reasonable doubt, a transparent election process.

He provided various dates on which Hassan and IEBC commissioner Mohammed Alawi reportedly forced him to meet individuals pursuing tenders in the commission, both in Mombasa and in Nairobi.

“I was forced to meet people pursuing highly valued tenders. During a retreat in Mombasa the chairman asked me to meet one of his friends whom he said was interested in seeking business with the commission,” Ong’ondi said.

Yesterday Hassan said he could not remember the said meeting . . .

. . . .

The International Forum for Electoral Systems had raised concerns that the tender for the supply of the devices be cancelled because of time constraints to effectively rollout the infrastructure. He said the technology was rushed, without enough time to train polling clerks, leading to massive failure of the system in many parts of the country. “It was true that some clerks were seeing the devices for the first time during the voting day.

From the Daily Nation:   “Hassan tried to influence BVR kits tender, MPs told

See also: USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers (February 17, 2015)

Why would we trust the Kenyan IEBC vote tally when they engaged in fraudulent procurement practices for key technology? (March 24, 2013)

Nigeria example shows U.S. and other donors must act now on Kenya IEBC technology procurement corruption (April 1, 2015)

Curriculum Cooking Kenya Vote

“Curriculum Cooking”

Washington sees that Uhuru’s security approach is counterproductive; Kenya’s democrats still must counter Uhuru’s DC lobbyists to hope for better U.S. policy by 2017

As Kenya’s politics shift into more focused attention on the 2017 presidential race, Kenya’s security environment has become so conspicuously bad that all sorts of people are noticing and commentating in Washington, with an unusually broad consensus that the Uhuruto administration is failing: draconian and corrupt crackdowns unnecessarily alienating Kenyans whose cooperation is needed; corrupt diversion of resources from national security needs as notoriously demonstrated in the successful Anglo Leasing scams; gross incompetence as reflected in the tragically late response to the Garissa University terrorist takeover.

For but one small sample, see today’s “DefenseOne” with headline “How Kenya’s Counterrerrorism Turned Counterproductive”.  You cannot get more mainstream DC than a Council of Foreign Relations post republished in Atlantic Media’s DefenseOne.

One might expect that a lot of people in Washington would be moved to take a hard look in the mirror under the circumstances, given the U.S. policy of, at best, actively looking the other way as Kibaki stole re-election in 2007, and the fact that the U.S. ended up doing far more to help than hurt the Uhuruto election effort that Kibaki supported for his succession in 2013.  But that won’t happen; domestic politics in the era of the “permanent campaign” stifles critical self-examination in our foreign policy establishment in Washington.  Thus it is incumbent on Kenyans who don’t want the U.S. to repeat its mistakes of 2007 and 2013 to engage with American policy now before it is too late for 2017.

Let me digress to make sure there is no confusion about the U.S. role in 2013 and the fact that the U.S. did more to help than hurt the Kenyatta and Ruto ascension in 2013.

Yes, I know, Jendayi Frazer vociferously accused the Obama administration of “interfering” in Kenya’s 2013 campaign, against Uhuruto, because her successor Johnnie Carson made a single reference in one statement that “choices have consequences”.  In reality, so far as I know, Carson’s statement was “damage control” from within the Obama Administration after Obama himself issued a statement to Kenyans on the election of fully vetted bureaucrateez, saying nothing.  Because Obama made an affirmative statement, saying nothing, he created, predictably, an opening for the Uhuruto public relations team to take to the media in Kenya with the assertion that Obama had made it clear that the U.S. had no concern about the election of those accused of prime roles in the 2008 post election violence.  The United States was thus embarrassed by the questions of whether it was being hypocritical on human rights atrocities and whether it was again, as under the first Kenyatta, and Moi, and Kibaki, sucking up to local powers-that-be in Kenya.  Carson’s attempted corrective, of course, made matters that much worse as it handed a tool to Frazer in the international, U.S. and Kenyan media, and to others within Kenya in the Kenyan media, to fire up Uhuru’s and Ruto’s supporters through a false (and profoundly ironic) victimization narrative.

Contrary to what I think were the honest expectations of some Kenyan human rights and democracy advocates, the consequences of the Uhuruto electoral success were nothing more nor less than those that followed directly from having these two particular individuals at the helm of state.  The United States, so far as I knew at the time, never had any intention whatsoever of any type of sanctions or penalty against either the two suspects or against the Kenyan government–and it seems to me that the way the U.S. handled its support of the IEBC and the immediate environment with the election controversy  definitively demonstrates that the U.S. had no desire or intention to impede Uhuru and Ruto from taking power even if we were not going to openly favor them.  Of course the knowledge of what had happened in the 2008 violence imposed some bit of color on the relationship after the Uhuruto inauguration but it didn’t have any major policy impact except to make the U.S. more circumspect, if anything, in any criticism of the Kenyan government and more ginger in avoiding anything seen as unduly supporting the old “reform agenda” from the first few years after the PEV so as not to offend those inflamed against the U.S. by the Uhuruto campaign rhetoric.

Substantively, the primary apparent U.S. role in the 2013 election was to spend many millions of dollars on a largely nontransparent basis to underwrite the IEBC, even though it turned out to be corrupt, and to facilitate sale and acceptance of the “results” it chose to announce. The “verification” of the margin of just a hair over the 50%+1 threshold without the actual tallying of all the votes.  In essence, the larger established pattern from 2007 if not the goriest of details from the backrooms.  While Ambassador Godec and his boss Carson did not embrace Uhuru in the way that Ambassador Ranneberger and presumably Frazer embraced Kibaki, the bottom line priority remained superficial “stability” over “deepening democracy”.

So where does that leave things now with the “chickens coming home to roost” on that superficiality as the ephemeral nature of the “stability agenda” becomes apparent?

Kenyan democrats must be more sophisticated in dealing with Washington–it is crucial that they engage to counter Uhuru’s new lobbyist teams from the Podesta Group (along with Uhuru’s hiring of Tony Blair and whatever other moves of this type have not be widely reported in the media).

In the wake of the 2013 mess at the IEBC, the U.S. Senate Foreign Relations Subcommittee on Africa initiated a critical unanimous Senate Resolution; that resolution never saw the light of day on the House side.  Why?  Arizona Senator Jeff Flake co-sponsored that resolution and is now Chairman of the Senate Subcommittee.  New Jersey Representative Chris Smith on the House side, whose Subcommittee would not take action on the resolution, is ripe for appeal on these issues as he is supporting a globalized Magnitsky Act approach to broaden and make more consistent U.S. sanction against human rights abuse, and he doggedly and successfully pursued the investigation showing that USAID funding was improperly diverted for partisan ends in the 2010 Kenyan referendum during Ranneberger’s tenure.  In this context, Smith should have no sympathies for actors like Uhuru or Ruto as individuals and certainly should have grave concerns about the monkey business with U.S. assistance at the IEBC.

But given that powerful well-connected people are getting paid by the Kenyan taxpayer to grease the skids in Washington the other way, it is imperative that Kenyans get the truth directly to Washington or risk the consequences of more misguided U.S. policy.  Likewise, Kenyans need to engage directly with the Dutch who funded the NDI pre-election polling in 2013 and the other Western donors who plumped for the ECK/IEBC operations in 2007-13 both through the UNDP and otherwise in the U.S. coordinated basket funding.

+USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers.

UhuRuto Campaign Ad Kenya 2013

UhuRuto billboard March 2013

USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers

4292493510_a3a02344a7_o The successful prosecution of Smith & Ouzman, Ltd. and two of its officers by the U.K. Serious Fraud Office for paying bribes to Kenyan election officials to obtain contracts with Kenya’s Independent Electoral and Boundaries Commission (IEBC) should be a wake-up call in Washington.  Smith & Ouzman Chairman Christopher John Smith and Sales and Marketing Director Nicholas Charles Smith were sentenced last week and sentencing of the corporation is upcoming.

Ironically, perhaps, “capacity building” and procurement systems, along with the subsequently abandoned electronic results transmission system, were touted by U.S. Ambassador Ranneberger as features of the U.S. pre-election support in Kenya in 2007:

* “Developing the capacity of the Electoral Commission of Kenya (ECK) lies at the  heart of our strategy.  The USG funded International Foundation for Election Systems (IFES) has been providing support to the ECK since late 2001.  Activities focus on providing appropriate technology for more efficient and transparent elections administration while improving the skills of the ECK technical staff.  This support additionally includes capacity building and technical assistance to support election administration.  Technical assistance includes computerization of the Procurement and Supplies Department, which is responsible for printing and distributing election materials.  Assistance will also support implementation of the ECK’s restructuring plan, strengthening logistics capacity, and accelerating the transmission and display of results.”

From “Lessons for Kenya’s 2012 elections from the truth trickling out about 2007-New Cables From FOIA (Part One)” quoting a December 14, 2007 Ranneberger cable describing U.S. preparations for the Kenyan election.

For the 2013 election, I have a copy of one last minute USAID procurement through IFES for the Kenyan IEBC related to the failed electronic results transmission system; I would assume there were other USAID procurements involved for the IEBC.  Notably, the Supreme Court of Kenya found that the main cause of the failure of the electronic results transmission system and the electronic voter identification system appeared to be procurement “squabbles” among IEBC members. “It is, indeed, likely, that the acquisition process was marked by competing interests involving impropriety, or even criminality: and we recommend that this matter be entrusted to the relevant State agency, for further investigation and possible prosecution.”   “Thoughts on Kenya’s Supreme Court opinion” April 13, 2013.  See also, “Why would we trust the IEBC vote tally when they engaged on fraudulent procurement processes for key technology?”, March 24, 2013.

For a detailed narrative and links on the U.K. Serious Fraud Office case, see Corruption Watch-UK/Trial Monitoring: “Chickens come home to roost: the Smith and Ouzman African bribery case”:

The most serious allegations relate to 7 contracts with the IIEC in Kenya between 2009-2010, worth £1.37 million, where S&O made unusually high commission payments of between 27% and 37% of the contract price. Part of prosecution’s case was that the commission of £380,859 over 18 months paid to the agent, Trevy James Oyombra, was exorbitant, and clearly designed to include payments for officials.

The contracts in Kenya included ballot papers and voter ID cards for By-Elections, 18 million voter registration cards, Referendum ballot papers, and other products relating to elections, such as card pouches, OMR forms, ultraviolet lights. It was a feature of several of these contracts that the S&O subcontracted out the printing work to other companies, in one case to a Chinese company that delivered the goods for less than half the cost of the contract price.

This raises questions about whether S&O were compliant with procurement rules and whether it compromised the security and integrity of the electoral process by subcontracting.

Additionally, on several contracts, S&O delivered significantly less papers than they were contracted to do raising the question of whether the integrity of the electoral process was compromised. It was also a feature of some of these contracts that prices were inflated significantly after award of contract. In all the contracts, the alleged bribes were paid for by the Kenyan tax payers, as the cost of commission was reflected in the contract price.

The specific contracts were as follows:

  • June 2009 – Shinyalu and Bomachoge By-Election. S&O were to provide voter ID cards, and ballot papers – although in the end they provided only 142,000 papers against the 200,000 ordered.
  • January 2010 – 18 million voter registration cards. Once S&O had been awarded the contract they subcontracted the production of half the forms to another company.
  • March 2010 – contract for electors’ card pouches which S&O subcontracted to a Chinese company who delivered them for less than half of the contract price.
  • May-July 2010 – three different By-Election ballot paper contracts (South Mugirango, Matuga and Civil By-Elections) – where the contract price in each case was increased substantially (sometimes by 50%) after award of contract to permit bribes to be paid. The agent advised S&O against providing “chicken” to visitors to their factory in 2010 as there were other officials not from the IIEC who he said they shouldn’t give “the wrong picture” – undermining the defence’s argument that the company was just doing things the “African way”.  Significantly the company again delivered less quantities of ballot papers than were required in each of these three contracts – in the case of the Civic By-Elections some 40,000 less than ordered.
  • July 2010 – a contract to provide 14.6 million Referendum Ballot Papers in which S&O worked out an uplift per ballot paper to factor in the bribery.
  • July 2010 – 1.5 million OMR correction forms and 1000 nomination forms in May.
  • July-December 2010 – ultra violet lights and other Parliamentary and Civil Ballot Papers.

Electoral officials at the IIEC were on several occasions described by the agent, Trevy, as trying to make money before they left the IIEC and went back into government. The agent described the officials at on stage as anxious and “broke”, and “they are desperate for the chicken”. The agent also said that officials told him that S&O needed to “be discrete since all peoples eyes and the government intelligence are watching their every move even on the phone to ensure transparency”.

The Kenyan officials named in court as recipients of payments were as follows: IIEC: Kenneth Karani (chief procurement officer); David Chirchir (IIEC Commissioner); James Oswago (IIEC Chief Electoral Officer); Dena; Kennedy Nyaundi (Commissioner); Gladys Boss Shollei (Deputy CEO); Issack Hassan; Hamida, Tororey and Sang.

Several of these officials are still in government: David Chirchir is current Energy Minister in government, and Issack Hassan is the current Chairman of the Independent Electoral and Boundaries Commission (IEBC) which took over from the IIEC.

The scope of the successfully prosecuted bribes to Kenyan officials, in particular the Kenyan Interim Independent Electoral Commission, now Independent Electoral and Boundaries Commission, was such as to suggest the corruption was not unique by time or geography.

Although USAID, as referenced in the State Department cable quoted above, has provided millions for the operations of the Electoral Commission of Kenya and its successors on a regularized basis since embedding IFES in the Electoral Commission of Kenya, ECK,  in 2001, I do not know whether there was any direct U.S. funding, or U.S. funding through a “basket” administered through UNDP or otherwise, implicated in the specific acquisitions involved in the prosecution.  At the least, given the level of U.S. funding for the Kenyan elections through this time period, the U.S. indirectly underwrote the ability of the Kenyan election officials to corruptly overpay for those things the U.S. was not helping to pay for.

The time period during which the offenses at issue in this U.K. prosecution occurred was 1 November 2006 through 31 December 2010.  Also during this time, for instance, IFES awarded  a more than $3.4M competitive procurement for USAID to Smith & Ouzman for polling booths for Sudan’s National Election Commission for 2010 elections.  Although there may be nothing at all irregular, it is worth noting that Smith & Ouzman has generally been identified as a “printing company” and its election related products and services marketed on that basis.

From a 2008 IFES election materials “buyer’s guide”:

Smith & Ouzman, Limited

Brampton Road
Eastbourne, Sussex BN22 9AH
UNITED KINGDOM
Contact: Christopher Smith, Managing Director
Tel: +44 1323-52-4000
Toll Free: 0800-298-2911 (UK only)
Fax: +44 1323-52-4024
elections@smith-ouzman.com

Providing the Ballot — Supporting Democracy Worldwide Smith & Ouzman, Limited, has been established for more than 60 years and is the globally trusted name in security printing, providing tailored secure ballot solutions to electoral commissions and authorities from Afghanistan to Zimbabwe, and many places in between. Our team of professional staff has considerable experience in election projects and ensures that ballot papers incorporate devices to protect against electoral fraud and are packed for distribution directly to polling stations. Smith & Ouzman, Limited is the company that provides you with security, integrity and reliability. ● Election Experience Afghanistan, ballot papers; Benin, indelible ink; Botswana, ballot papers; European Union, ballot papers, postal ballots; Ghana, equipment; Kenya, ballot papers, registration forms, voters cards; Kosovo, ballot papers, registration forms, postal ballots; Malawi, ballot papers, UV lamps; Mauritania, ballot papers; Namibia, ballot papers; Nigeria, ballot papers; Somaliland, ballot papers, indelible ink; Tanzania, indelible ink, security envelopes; Uganda, ballot papers, indelible ink; United Kingdom, ballot papers, poll cards, registration forms, postal ballots; Zambia, ballot papers, indelible ink; Zimbabwe, ballot papers.

According to the  IFES 2012 and 2013 Annual Reports, Smith & Ouzman was a corporate donor to IFES.