American lawyer who took leave from career and moved family to Nairobi for a year to "assist" democratic development. After stolen '07 election in Kenya and violent aftermath I have tried to bring out truth of events and support knowledge and awareness toward better future outcomes.
The value of violence to Kenya’s political competitors will be obvious to any of you who have read this blog over these years now since 2009.
Instrumental state violence with militia support was crucial to enforcing the 2007 “re-election” Kibaki assigned himself through control over the Electoral Commission of Kenya; instrumental violence on behalf of leaders in opposition was crucial to obtaining and sustaining international pressure on Kibaki to share a portion of power with the opposition after his “re-election” when the key hardliners in Kabaki’s political camp wanted to stand firm.
At the same time, the egregiousness of the worst of the violence in the Rift Valley may have overshot the mark and undercut possible initial international support for an examination of the election fraud witnessed by diplomats at the ECK and the bribery identified by donor nations before the vote. (See my War for History series for the details of what happened.)
So even with total impunity and immediate and future political gains to be had, burning people alive in the church in Kiambaa in particular, was arguably counterproductive in the short term from a strictly amoral perspective. But that is just my best sense of it and others closer to the situation may disagree.
Now, after the two UhuRuto elections, with the “coalition of the killing” in 2013 and the combined Jubilee Party re-election in 2017, we are faced with another contest where Uhuru and Ruto are on opposite sides, which has only happened once before, in that 2007 fight. In 1992, 1997 (both marked by organized violence) and 2002 they were together just as they have been since early in Kibaki’s second administration until falling out in this race (When did Uhuru and Ruto fight? Why is the “Uhuruto” alliance allegedly so surprising?)
What will they decide on their terms of engagement this year?
I decided to write this post to follow up an exchange on this topic on Twitter triggered by the 14th anniversary of the assassination of Benazir Bhutto as she campaigned as opposition leader in Pakistan. I struck a nerve with some Kenyans. The point is not to create excuses but rather as I have always done, to try to understand why things happened as they did so that mistakes become learning tools.
The question is one that was always in the back of my mind but no one has ever raised it with me, nor have I heard it discussed. I have known over the years, and it should have been obvious to any acute outside observer, that there were differences of opinion within the State Department as to the proper policy response to Kenya’s 2007 election and it seems that different officials at different levels and times took different approaches.
Remember the chronology:
December 18 – Published interview with Ranneberger says he anticipates “free and fair” election (in spite of knowing that US-funded Results Transmission computers had been shelved by Electoral Commission of Kenya and describing in a December 24 cable “credible reports” of efforts to orchestrate rigging in Odinga’s Langata Constituency which would eliminate him as a presidential candidate, having told me on December 15 that “people were saying” that Raila could be defeated in Langata.).
December 27 – Kenya votes; the International Republican Institute front office team in Kenya for the Election Observation Mission were due to fly on from Kenya to Pakistan to observe the election planned for January 8; we learn the news of the Benazir Bhutto assassination on the way to “open” the polls in Nairobi.
December 28 – Ranneberger cable says election went well, although fraud could arise in tally. He had opined in the December 24 cable that “the outside chance that widespread fraud would force us to call into question the result would be enormously damaging” to U.S. interests, although both the leading candidates were “friendly to the US”.
December 28 – 30 – Fraud arises in tally at ECK headquarters, witnessed by Ranneberger along with EU Chief Observer.
December 30 – ECK resumes suspended count and holds restricted announcement of Kibaki win, followed quickly by twilight swearing in at State House; Ranneberger publicly encourages Kenyans to accept ECK results; live broadcasting suspended, congratulations to Kibaki also issued by spokesman for Main State Department/US while UK and EU question results.
December 31 – (Monday morning) State Department spokesman in Washington withdraws congratulations.
January 3 – Secretary of State Rice, along with Ranneberger, is publicly calling for negotiated power sharing between Kibaki and Odinga. EU joins, following UK, having previously called for remedial action for election fraud (see declassified Rice cable above).
[“Peace deal” is eventually signed on February 28, 2008 which results in limited power sharing with Odinga as Prime Minister and ODM getting some cabinet portfolios and support by Kibaki and Odinga for new constitution that establishes county governments and devolves some powers, while eliminating Prime Minister position; impunity for election fraud and post election violence enshrined on de facto basis. Exit poll funded by USAID as “vote verification” tool showing Odinga win is released by UCSD in July and by IRI in August.]
Given the context of potential turmoil in nuclear armed Pakistan, bordering the escalating war in Afghanistan, during the Iraq “surge”, it could be imagined that those with responsibility for the whole of CENTCOM’s Area of Operations which included Kenya at the time, or even the entire globe in the case of the State Department, might have been initially more reliant on the Ambassador and the Africa Bureau and a little slower to realize that the election had in fact fallen to fraud such that we were “forced to question” the ECK’s “results” [which never were even published].
We wish you a Merry Christmas from Coastal Mississippi. Here, all is calm and bright, but our Ethiopian creche keeps us mindful of and in prayer for our neighbors.
And a woman to boot, which fits the other main emphasis of the State/USAID development policy agenda for Kenya besides business growth with an emphasis on American technology.
As far as the looming election crisis, Whitman may be seen as someone who can knock heads and call “the boys” on the carpet if things do go sideways, without bringing prior relationships or “local knowledge” to complicate the work of career staff in the State Department and the various other agencies at the Mission, or the policymakers in Washington. (In other words, a political appointment reflecting a very different approach than with Gration or McCarter under Obama and Trump respectively.)
The UK High Commissioner is well established and seems to be tapped to take more of the lead among the Western donors on election assistance this time with the now-combined diplomatic and development office funding IFES and such. While Biden and Boris Johnson have some differences in domestic posture presumably we all want pretty much the same thing for Kenyans as far as good and peaceful elections go.
P.S. Please understand that a $500,000 presidential campaign donation is surely many millions short of Ambassadorial level consideration – Biden’s political debt to Whitman is for her endorsement and Democratic Convention speech as a Republican.
The pressures that Somaliland faces will only increase in the months and years ahead. The ramifications of the possible dissolution of Ethiopia as a cohesive state will reverberate across the Horn of Africa. Somaliland, like other Horn of Africa nations, will be hard pressed to insulate itself from the fallout from the fragmentation of Africa’s second most populous country. Ethiopia’s civil war is also occurring at a time when developing and developed nations alike face rising energy costs and food inflation, as well as ongoing economic disruptions resulting from responses to COVID-19. Such challenges will test every country in the Horn of Africa and beyond.
More than ever, Somaliland deserves and needs international recognition for the great strides it has made to establish a democratic and durable government. The United States has an opportunity to solidify its relationship with a nation that has a proven record of adhering to the values and forms of governance that it supports. However, the window on this opportunity is likely to close. At some point in the near future, circumstances and necessity will force Somalilanders to choose a side. Aid from China may prove more convincing than empty rhetoric from Washington.
Following the paper “The U.S. Should Recognize Somaliland” by Joshua Meservey, the Heritage Foundation’s lead Africa analyst published in October, it is clear that there is real movement on the conservative side of the Washington foreign policy establishment for some U.S. initiative on the recognition issue, in spite of the reduced public engagement with Somaliland during the Trump Administration when the D.C. right had some real direct power in the various bureaucracies as well as the White House and top levels at State and Defense.
Dorina Bekoe and Stephanie Burchard of the U.S. Institute for Defense Analyses have published in African Affairs an interesting write up of their study of secret mediation processes as an additional tool, along with more conventional election support measures, to seek to prevent election violence in Ghana in the 2016 election.
Well worth your time with lots to think about regarding the interplay of violence prevention, election and other democracy assistance and the other diplomatic and outside involvement with election contests.
The study finds formal secret mediation between the competing camps to have been an important part of a robust and relatively successful violence prevention program.
Daniel Arap Moi, the authoritarian strongman who had ruled for a quarter of a century, was gone, his hand-picked successor roundly defeated.
A nation rejoiced. Already one of Africa’s most stable countries, Kenya could also now claim to be among its most democratic.
Last night, Mr Kibaki was hurriedly sworn in before a few hundred loyalists at a tawdry ceremony held in the gardens of the official presidential residence.
The contrast could not have been more stark.
As he lumbered towards the podium, Kenya’s cities and towns were erupting in chaos and ethnically motivated bloodshed, a predictable response after the most dubious election since the one-party era ended in 1992.
It is no exaggeration to say that Kenya is potentially facing its most serious crisis since gaining independence from Britain in 1963.
The prospect for serious violence between the country’s two most traditionally antagonistic tribes, Mr Kibaki’s Kikuyu and the Luo, led by his challenger Raila Odinga, is worryingly high.
Luos, marginalised since independence, have reason to feel aggrieved. Thanks to an alliance that Mr Odinga built with other tribes, they felt that this was their best and possibly last chance of taking power.
The farcical nature of the vote will only heighten their disappointment. The electoral commission initially claimed that roughly a quarter of returning officers disappeared for 36 hours without announcing results and had switched off their mobile phones.
When results did finally emerge, Mr Odinga saw a one million vote lead overturned.
Opinion polls showed that the contest was always going to be close, but if the official results are correct, Kenyans voted in an inexplicably bizarre manner.
After turfing out 20 of Mr Kibaki’s cabinet ministers and reducing his party to a rump in the simultaneous parliamentary poll, they apparently voted in an entirely different manner in the presidential race.
Apart from an unusually high turn-out in some of Mr Kibaki’s strongholds (sometimes more than 100 per cent ), the president then appeared to have won many more votes in some constituencies than first reported.
If it all seems depressingly familiar, it need not have been.
Mr Kibaki had lost a lot of the enormous goodwill that he enjoyed following the 2002 election after a cabal of Kikuyu cronies was accused of corruption. He also reneged on a promise to introduce a new constitution that would have returned many of his overarching powers to parliament.
On the other hand, he allowed a free press to thrive and respected the results of a 2005 referendum that went against him. Many expected he would do the same if he lost last Thursday’s election.
Instead of setting an example to the rest of the continent, Mr Kibaki’s opponents say that he has joined the unholy pantheon of African presidents who have refused to surrender power.
If he has chosen instead to squander his country’s stability and its fragile ethnic harmony it is a tragedy not just for Kenya but for all of Africa.
From a 2017 release in response to my 2009 Freedom of Information Act request on the Exit Poll showing an Opposition win in Kenya’s 2007 Presidential election:
R 170924Z APR 07 FM AMEMBASSY NAIROBI TO SECSTATE WASHDC 9024
FOR AF/E AND INR/AA
SUBJECT: ACHIEVING USG GOALS IN KENYA’S ELECTION
12. (U) Ongoing Assistance: USAID/Kenya has ongoing support in the areas of electoral administration, public opinion polling and political party strengthening. Program activities include the following:
. . .
–– Public Opinion Polling: The International Republican Institute began implementing a public opinion program in 2005. The program seeks to achieve two results: increasing the availability of objective and reliable polling data; and providing an independent source of verification of electoral outcomes via exit polls. These results make an important contribution to elections and political processes. First, genuine free and fair elections require that citizens make informed choices. The polling data adds to the objective data available to citizens on key electoral issues. Second, the exit polls provide an independent assessment of the accuracy of the official electoral results, thereby supporting the assessment of the credibility of Kenyan electoral processes. This program also enhances democratic political parties by enhancing the likelihood that candidates base their platforms on the key issues and concerns of their constituents, evidenced in the polling data, rather than the traditional focus on ethnicity and personalized political wrangling.
Yet, after the election, the State Department developed “talking points to deal with press questions if they came” that told a contradictory story, that the exit poll was a “training exercise” rather than an “independent verification of outcomes” and “assessment of credibility of the Kenyan electoral process”:
Q — Why isn’t the Embassy pressuring to release its exit poll conducted in conjunction with the December general elections?
A — As explained on their website, IRI did not conduct the Opinion poll themselves and have real concerns over its validity. Moreover, the poll was conducted as a capacity building or training exercise. We should not Pressure’ firms to bring a product to market that they don’t believe in, whether it is a defective automobile, or a defective opinion poll.
Q — Strategic Public Relations ind Research Limited (SPRR), the firm IRI contracted to Conduct the poll, stands by their results and refutes IRI’s statement. They said they were “shocked and disappointed” at IRI’s decision. What is your reaction to that?
A—This isa highly technical dispute between private parties over raw data that no one else has even seen. We understand that IRI is examining the disputed data to see if any of it is usable, which sound’s reasonable under the circumstances.
Q — In his recent testimony before Congress and in an editorial that he co-wrote, Maina Kiai, Chairperson of the Kenya National Commission on Human Rights, urged Congress to pressure IRI to release the exit poll. In the op-ed, he said it was important to release the exit poll because there are “Suspicions that the institute has suppressed its results not because they were flawed but because they showed that Mr. Odinga won.” These suspicions, he said, have fueled mistrust. What is your position?
A — Again, we should not pressure IRI to release information gathered in a training exercise, especially when they lack confidence in its validity.
The US Government ultimately had rights to our data as a matter of government contracts law and USAID had arguably and ambiguously constrained our ability to release the Exit Poll results to the public in the Amendment to the Cooperative Agreement funding the Exit Poll by providing for “consultation” with the Embassy on “diplomatic or other” considerations. The Cooperative Agreement for the Program was neither classified nor available publicly until I had it released under the Freedom of Information Act years later. The Exit Poll from the 2005 Referendum had been released.
Fortunately we have not seen another disaster quite like Kenya 2007-08, but the questions about transparency and release and reporting of information from election verification and anti-fraud tools are still there. For instance in the most recent elections in the DRC and Malawi, as well as the controversy in Kenya in 2013. This could be addressed by pre-established standards or codes if donors, host governments and democracy assistance organizations or implementers are willing to give up some of their case-by-case flexibility and frankly some of the power of controlling information.
President Biden and President Kenyatta had an apparently cozy visit at the White House. Biden got to host an African head of state after neglecting to do so around the UN General Assembly. Kenyatta got to “bring home” news of a U.S. vaccine donation, personal praise from Biden and a mutual reiteration about how well the Governments of our two countries do on cooperating on terrorism, business and generally on being “partners”. See the account from Kenya’s state media, KBC.
I do not think it unfair to read the tea leaves from this action by the Biden Administration–on the heels of announcing the appointment of Judd Devermont, late of the Center for Strategic and Studies, to formulate a new Africa policy (as John Bolton in the Trump Administration)–toward deciphering how the U.S. executive branch can be expected to play Kenya’s current election.
Of course, the “heck of a job” line in the United States in recent years is usually intended to be sarcastic. The background is remembered with poignancy by those of us who had personal experience with Hurricane Katrina on the Gulf Coast. As explained in Taegan Goddard’s Political Dictionary:
A “heck of a job” is a complete and total screw-up. It’s used, ironically, to show when one’s view of a situation is in contradiction to easily-observed facts.
The phrase comes from President George W. Bush who visited Louisiana in the aftermath of Hurricane Katrina and told FEMA chief Michael D. Brown, “Brownie, you’re doing a heck of a job.”
Brown later admitted he winced when Bush told him that: “I knew the minute he said that, the media and everybody else would see a disconnect between what he was saying and what I was witnessing on the ground. That’s the president’s style. His attitude and demeanor is always one of being a cheerleader and trying to encourage people to keep moving. It was just the wrong time and the wrong place.”
Brown resigned ten days after he was praised.
President George W. Bush tells FEMA Administrator Michael Brown he’s doing “a heck of a job.” (Photo: AP)
120522-F-GA223-001 DIRE DAWA, Ethiopia (May 22, 2012) Rear Admiral Michael Franken, left, commander of Combined Joint Task Force Horn of Africa, Kumsa Baysa, principal of Gende Gerada Primary School, Molly Phee, deputy chief of mission at the U.S. Embassy in Ethiopia, Egei Wabere, an Gende Gerada Kebele education coordinator, and Stephen Fitzpatrick, program coordinator for U.S. Agency for International Development gather for a school building dedication and ribbon cutting ceremony for a new school house and two latrines at the Gende Gerada Primary School. (U.S. Air Force photo by Tech. Sgt. Ryan Labadens/Released)
This week the Senate worked through a few confirmations for State Department positions, including Amb. Molly Phee as Amb. Godec’s “permanent” successor as acting Assistant Secretary of State for African Affairs. She was sworn in last evening.
In the meantime, preparations for Kenya’s polls, just more than ten months away, continue to lag.
Assistant Secretary Phee, although most of her foreign service career has been spent in other contexts, has recent regional experience as Ambassador to South Sudan 2015-17 and Deputy Chief of Mission to Ethiopia in 2011-14. She was serving as Chief of Staff to the Special Envoy for South Sudan when nominated to replace Susan Page to become the second Ambassador to South Sudan.
