Category Archives: democracy

[Updated] Ruto term nears halfway point as USAID is strangled and Kenyan politics faces disruption from loss at Raila AUC vote Saturday

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Update 2-15: Raila fell short to Djibouti’s candidate in the 7th round of voting.

If Raila Odinga doesn’t win his election for Chairman of the African Union Commission on Saturday then Ruto on one hand and the ODM Party on the other will have to face the question of how to repurpose Raila within Kenya’s political establishment. Will he return to the customary role as opposition presidential candidate? Will he and Ruto reach a deal on a new alternative role to keep him and his key loyalists “onside” with the Ruto presidency?

Is there any chance that he would take some “senior statesman” status within ODM and/or the opposition more broadly and not move toward a run for the Presidency in 2027?

What will be the impact of the demise of US democracy assistance, being cemented as this is written, have on the hugely delayed preparations for the 2027 elections?

Mzalendo reports today on claims that the Independent Electoral and Boundaries Commission—intended to be a permanent Government of Kenya institution under the 2010 Constitution—may have a selection panel in place by April of this year to start the process of selecting Commissioners. USAID has been the leading donor for process for decades.

See this piece from The Standard:

Addis setback, a political turning point for both opposition and government

He returns home empty handed, leaving his admirers divided and his detractors wary. There are those who want the Raila to take up his role of calling the government back to order.www.standardmedia.co.ke

Raila Odinga Kenya president campaign

Following Jimmy Carter funeral Donald Trump takes office and deploys “neutron bomb” to US foreign assistance

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American “olds” of my generation (we who are 45-64 are the only age cohort who went for Trump in last year’s presidential election) may remember the 1970s controversy over President Carter’s decision to go forward with deployment of the neutron bomb in Western Europe.

To some sensitivities way back in the day, before we “beat the Vietnam syndrome”, the notion of a defensive nuclear weapon that could kill people without “nuking” physical infrastructure was distasteful even faced off against the Soviet Red Army across the Iron Curtain. This was before the peak of the “nuclear freeze” movement and the birth of the National Endowment for Democracy and the modern era of democracy assistance under “PeaceThroughStrength” during the Ronald Reagan administration.

If you are too young to remember the Cold War I think you probably had to be there but I will try to link back soon to some of my related blogs posts and list some other references.

On Friday an acting official on behalf of Secretary of State Rubio delivered the symbolic equivalent of such a weapon to direct immediate Stop-Work orders freezing funding for State Department and USAID funded Foreign Assistance (subject to a few advance waivers for Egypt and Israel, some emergency food assistance and security matters). All to be reviewed and restarted, modified or terminated on authority of Secretary Rubio to make sure they directly serve the strictures of the Trump/Rubio formulation of “America First” as opposed to, you know, helping other people in service to our national interests as per US statutes enacted during the Truman, Eisenhower, Kennedy and subsequent administrations up through 2024.

Of course it was never not America first but it was in some real sense at important times and in important ways “America +” (or so most of us Americans have always believed).

Secretary Rubio came off the Board of Directors of the International Republican Institute (a major State and USAID nonprofit foreign assistance implementor) as well as leaving the U.S. Senate this week to take the post under Trump.

A good piece explaining “Why Kenya’s protests are different this time”.

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Happy Saba Saba Day.

A range of Kenyan voices have been saying that the current “Gen Z” protest movement has already generated an irrevocable shift in Kenyan politics and/or even Kenyan society.

I suspect that veteran professional “Kenya watchers” and analysts in interested foreign capitols are not yet sure about that.

Here is a good piece in The Conversation by Owino Okech at SOAS that I find useful in assessing the durability of the movement: “Kenya’s protests are different this time: 3 things that make it harder for government to crush them.”

Book bitings: I read Ahmed Isaack Hassan’s memoir from his time at Kenya’s IIEC and IEBC and promised to engage.

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I will do a series of posts here to accompany my agreement to engage with former Chairman Hassan after reading his memoir Referee of a Dirty Ugly Game: In the Theatre of Kenya’s Elections — an Insider’s Account. This is an introduction.

I learned a lot about the Chairman’s personal background, his family, his personal and professional networks, in particular involving his previous political service in unsuccessful constitutional reform endeavors in Mwai Kibaki’s first term, his law practice and work for the UN on Somalia. I learned his personal opinions about several politicians, and many actors in various positions in the Kenyan government and in the Kenyan social and business establishment.

I learned a lot about Ahmed Isaack Hassan, how he sees himself and wants to be seen.

Certainly Hassan has been presented by some who were involved with him in running, presenting and defending the 2013 election as a hero for getting through a process in which power was passed from Kibaki to Kenyatta and Ruto without Kenya “burning”. It is in this context a memoir of this sort fits.

To the extent that this was what Hassan was appointed to do then he did deliver and this is his chance to box his critics. Undoubtedly he was put “through the wringer” to an extreme degree and treated badly in various respects as so many people trying to fulfill positions of public trust are in Kenya and one has to have empathy for the impossible position. Thank God he wasn’t murdered like IT Director Chris Msando from the successor IEBC in 2017.

Unfortunately I did not learn as much as I hoped to about the questions that I raised in this blog and elsewhere about the specifics of the 2013 elections.

I learned that he had and has dismissive and negative opinions of organized civil society generally and people that I worked with to some extent and have liked and admired but I am not very clear why for the most part. Part of it may be that his deference as an insider himself to Kibaki and his establishment executive branch apparatus leads him to have little empathy for a role for outsiders. In particular he evinces no real concern for fraud in the 2007 presidential tally and no moral qualms – as opposed to concerns of international relations – implicated by the question of the participation of candidates in 2013 who were involved in the 2007-08 Post Election Violence.

In particular, the heavily redacted contract materials for IFES from the initial responses to my Freedom of Information Act requests several years ago were much more informative regarding some issues involved in the mechanics of the election and point the way to other sources.

This is the kind of thing that I would be grateful to engage on with the former Chairman.

Of course, ultimately there is a “glass half full or half empty” problem about the 2013 election that will not be fully reconcilable among Kenyans about their own democracy with their own perspectives and interests. On the other hand, for me as an outsider without a “dog in the hunt” directly it seems unequivocal that the glass is partly full of liquid and partly full of air and it is simply a matter of fact to identify what is what even though the significance and value derived from the facts will be a matter of individual judgment for Kenyans.

Sometimes people just have different values and priorities. But maybe 10 years after the fact there is more room for discourse and persuasion than there was in the heat of the struggle.

TO BE CONTINUED. . . .

Senegal democracy event at CSIS

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I was fortunate to get to stop by the Center for Strategic and International Studies last week while in Washington for other business and hear an interesting Africa Program discussion on Senegal. The link here includes the video:

Senegal’s Democracy: How Did We Get Here and What Should We Expect

Senegal’s civil society held things together to keep the election process from getting derailed and Senegal has a newly elected opposition leader. While challenges persist everyone who cares about democracy in Africa probably needs a morale boost right now and what learning we can find from the way things played out in Senegal so I encourage you to take a little time to watch.

Power as an aphrodisiac – Kissinger’s legacy at the National Endowment for Democracy (NED) was to add “a degree of prestige and credibility that we needed during our early period”

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I wanted to follow up on my previous post “What is Henry Kissinger’s legacy as a board member at the National Endowment for Democracy?” in light of some comments from one of my much younger friends in academia who also works with and studies democratization assistance. Here are excerpts from Kissinger’s NED files at Yale:

First, I want to make sure not to conflate or overly compress the time period of Kissinger’s service on NED’s Board (1985-89) during the Second Reagan Administration and the time period of the Second George W. Bush Administration when I worked for the International Republican Institute (IRI) in Kenya (2007-08) administering NED and USAID democracy assistance programs. Or the ensuing First Obama Administration when IRI gave Kissinger its 2009 “Freedom Award” and The New York Times published an investigation on the IRI Kenya presidential exit poll I had managed.

I privately noted back when it happened the irony of IRI choosing Kissinger as its recipient for this democracy award in 2009 in the context of IRI’s focused work in the 21st Century on democratization efforts in Cambodia, Bangladesh and East Timor for instance, in the wake of Kissinger’s record as US National Security Adviser and Secretary of State in the Nixon and Ford Administrations in the 1970s in regard to those specific countries. This background then led me in 2023 on Kissinger’s death to learn the overlooked (by me) fact that Kissinger had previously served on NED’s Board. This in turn led to my undertaking initial research – not with the implication that there was something “sinister” whereby Kissinger’s NED role might have been subversive of NED program goals as such – but rather to try to understand the history in light of the obvious dissonance or irony between Kissinger’s approach in Government and the democratization priorities of NED as an institution.

Going through the digitized portions of Kissinger’s NED files at Yale at least seems to confirm: “One is left with the impression that Kissinger might have been something of a foreign affairs celebrity/senior statesman board member who did not heavily engage with NED governance.”

Second, focusing then on the specific years (1985-89) that Kissinger actually served on the Board, we have the very tail end of the Cold War, with Kissinger pushed into resigning by early 1989 by the non-attendance policy, just a few months before the fall of the Berlin Wall. We don’t know one way or the other what Kissinger’s role might have been in regard to Post-Cold War NED democratization work, just that he was not able or willing to find much time in 1985-89 and that his departure was unrelated to the cataclysmic change in international relations and democratization about to take place. The one specific contraposition between Kissinger in the US Government in the First and Second Nixon Administrations and Kissinger on the NED Board involved support for electoral democracy in Chile.

As I noted in my previous post, Kissinger did not attend NED Board meetings approving the programming on the Pinochet plebiscite but did sign off on a solicited consent for the list of programs including Chile after the meeting. So nothing to indicate that Kissinger used his post-Government role at NED to oppose a restoration of democratic elections in Chile.

At the same time, I cannot imagine that there was not some bit of heartburn within the Democratic Party side of the bipartisan NED family about the irony of Kissinger’s role as to Chile even though so much more was still classified in those years than is public knowledge now. (Not to assume that all Democrats opposed Nixon and Kissinger’s Chile policy, or all Republicans excused it, but it did become a source of contention among Republicans and Democrats as well as Right and Left in U.S. politics during those 1970 to 1989 years.)

It is worth noting that the files contain some correspondence in which the NDI President at the time, Brian Atwood, chides NED President Carl Gershman over NED’s public relations approach, which Atwood saw as inappropriately attributing to NED the programing success of NDI on the Chile plebiscite.

It may be that NED was not really in a position to compete as a nonprofit corporation with profit making businesses for Kissinger’s board services, since they did not have fees or stock to offer in compensation. As to what Kissinger received for lending his name, I see it as just one more way in which he distanced his reputation from his extremely controversial policy record—most especially on “democracy”, “freedom” and such ideals. How could a democracy NGO like IRI give Kissinger it’s highest award? Why not, when he had already been a Board Member for the National Endowment for Democracy many years before? Even had Nixon lived much longer, it was much easier to give such an award to Kissinger than to Nixon even though Nixon had so much more involvement in electoral democracy than Kissinger ever did.

I write this on January 6, a date that will live in some degree of infamy in the annals of democratization in the United States. Last night driving home from a family trip I heard on BBC a discussion of the state of democracy in the world with a scholar noting V-DEM research showing democratic rescission has reached the level of 1986 – during the Cold War and Kissinger’s time on the NED Board. See the 2023 V-DEM Democracy Report “Defiance in tbe Face of Autocractization” here. How serious are Americans, especially inside the Washington establishment, about democracy as a priority among our various competing interests? Why haven’t we been more successful in our democratization efforts? Should we do anything different or should we rather double down on making sure not to entertain questions?

With NED turning 40 years old this year – and an obvious and immediate challenge to my children’s freedom and that of their generation worldwide – I would rather not risk “going along to get along” .

What is Henry Kissinger’s legacy as a board member at the National Endowment for Democracy? (Updated 12-14-23)

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Greetings and Happy Human Rights Day!

Henry Kissinger served on the board of the National Endowment for Democracy (NED) in the early years of the Endowment during the second Reagan Administration, from 1985 to 1989. Thus during the wind down and end of the Cold War.

For a good scene setter noting Kissinger’s role, see “Missionaries for Democracy: US Aid for Global Pluralism”, in the June 1, 1986 New York Times.

This position for Kissinger had escaped my attention until with the news of his death I looked back at the early 2009 press release from the International Republican Institute (IRI) announcing that Kissinger would receive that year’s IRI “Freedom Award”. (Given that IRI was promoting democracy in Cambodia, Bangladesh and East Timor among other places where Kissinger’s government service record in relation to democracy issues was well known by then to have been, shall we say politely “controversial”, I was a bit taken aback. Obviously Kissinger was a primo draw for a D.C. foreign policy establishment fundraising dinner but I was still surprised at the specific symbolism for IRI.)

I first visited NED in June 2007 as the new IRI Resident Director for East Africa on my way out to Nairobi. I met with Bronwyn Bruton, longtime DC Africa hand, who was managing the East Africa grant portfolio at NED which would fund much of our IRI work in Kenya (assuming approval at a meeting of the NED board which I also attended) along with her boss Dave Peterson who has been NED’s Africa Director dating back to Kissinger’s time on the board in 1988.

It was only in the summer of 2009, after I was back at Northrop Grumman in Mississippi and my dustup with Ambassador Ranneberger over the Kenya IRI/USAID exit poll and election observation had been on the front page of the New York Times that I attended a public Kenya program at NED and got to meet longtime President Carl Gershman and other executives. (I have written about that event previously in regards to Kenya.)

With Kissinger’s death the copyright on material he produced in his NED papers at Yale has passed from Dr. Kissinger to the University. I have spent time this weekend looking at what the Yale Library has digitized on-line of the six boxes. I have reached out to a couple of friends in the academic world who work with the study of democracy assistance to see if they are interested in collaborating with a layman/practitioner to study this.

Some interesting things I have learned so far: Kissinger was not on the initial board of directors when NED was established in 1984 following passage of the enabling legislation in December 1983, but was sent an invitation by Mr. Gershman in December 1984 following discussions that fall. Kissinger accepted in late January explaining that his response had been delayed by his travel schedule.

Most of the material is just copies of NED board correspondence, but there are slips and notes indicating his many scheduling conflicts between Kissinger & Associates business, corporate boards and the Center for Strategic and International Studies.

By late 1988 Kissinger had received a letter from NED’s outside general counsel noting that his three straight absences from board meetings would necessitate his removal by policy, but that there would an opportunity at the next meeting to present “extenuating circumstances” to excuse the attendance issue. After some confusion on whether he had automatically been removed, Kissinger submitted his letter of resignation because of his other time commitments in January 1989.

One is left with the impression that Kissinger might have been something of a foreign affairs celebrity/senior statesman board member who did not heavily engage with NED governance.

Perhaps ironically as to Kissinger, the big feather in NED’s cap in late 1988 was deploying a special Congressional appropriation along with other funds to support in Chile the “no (to General Pinochet)” campaign in the plebiscite that Pinochet had called on continued military rule.

NED funded usual Chilean civil society type programs as well as the funding to NDI for the campaign which among other things paid for three American political consultants, including Glen Cowan of Francis, McGinnis & Rees, who pioneered the NDI-funded PVT through the opposition parties and through the local “Committee for Free Elections”. NDI, according to their quotes in clips circulated by Mr. Gershman to his board, added private funding to the US Government funding provided through NED.

It might be that as a private citizen and businessman by 1988 Dr. Kissinger was no longer intensely interested in Chile or General Pinochet; perhaps he sort of informally recused himself from the NED board in the context of Reagan’s second term pivot reflected in Mr. Gershman’s description (“the basic concept was to promote a peaceful and stable democratic transition”). Maybe he now supported democracy in Chile affirmatively to the point he did not feel it necessary to show up? Without being able to ask him, maybe we can learn more going forward.

National Journal piece on NED and NDI Chile work cited favorably to NED board members

[This Chile work was the origin of the NDI-funded PVT programs that I have written about in Kenya’s 2013 and subsequent elections, as well as in the most recent elections in Malawi and DRC. There are some big differences between the late Cold War NED NDI Chile work in 1988 and the application of the tool by USAID in conjunction with their other democracy programing in 21st Century Africa.

Glenn Cowan joined Eric Bjornlund from NDI in forming Democracy International (DI) in 2003 and published an extensive Vote Count Verification User’s Guide for USAID following a wide consultation among implementors in 2010. They gave me a valued copy several years ago. I will hope to write more about this after catching up with old friends at DI and elsewhere.]

For more from NDI, see the 40th Anniversary retrospective at “NDI: BOLSTERING GENUINE ELECTIONS TO SECURE DEMOCRACY – THROUGH CITIZEN AND INTERNATIONAL ELECTION OBSERVATION”.

NED Memo of 9-87 announcing 1988 Board Meetings (January 1988 was Kissinger’s last, followed by January 1989 resignation.)

UPDATE: Continued research shows that Kissinger attended no more than one NED Board meeting after the spring of 1987, but executed a consent on June 28, 1988 approving the NED grants supported by those members who attended the June 5, 1987 meeting, including 6 grants to NDI, among them “Chile: Promoting Free and Fair Elections -$110,172”.

With Supreme Court ruling, I recommend Susanne Mueller’s assessment of Kenya’s voting

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Now that Kenya’s Supreme Court has upheld a narrow Ruto-Rigathi win in the 2022 presidential election, I recommend for a good political science assessment of the campaign Susanne Mueller’s election eve piece for ISPI, the Italian Institute for International Political Studies: “Ethnicity and Violence: New Dynamics in Kenya’s Elections“.

This flows into Mueller’s shorter Washington Post Monkey Cage piece after the vote:

Why did Kenyans elect Ruto as president ?

What looks superficially like a normal election was filled with contradictions, intrigue, double-crossing and surprise shifts in ethnic loyalties

Kenya election vote counting Westlands Nairobi

Raila owes me for keeping the vote count verification Exit Poll showing him leading in 2007 from “going away”, but I did not do it for him personally

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Over the years carrying my torch as a witness to what happened on my watch in democracy assistance in Kenya in 2007-08, I have always tried to be mindful of the notion that it has not been my business who Kenyan voters chose, including how they voted in the subsequent 2013, 2017 and 2022 elections in which Raila has continued to be a leading candidate. Rather, my job in 2007-08, and my purpose since, has been to address the facts honestly and support the democratic process so that the choices actually made by Kenyan voters themselves would be honored.

Thus, keeping the 2007 Exit Poll from meeting an untimely demise because it was diplomatically inconvenient was not a matter of “supporting” Raila versus Kibaki as a candidate or politician, but rather doing my job to support the democratic process and “observe” the election with integrity.

There was a little bit more involved in preserving the hope that the Exit Poll would be released and published during the early months of 2008 when I was finishing out my “public service leave” as International Republican Institute Resident Director for East Africa than I have written about over the years.  It is probably time to tell the story.

In summary, after the decision was made in Washington to my surprise and disappointment not to release the Exit Poll showing Raila winning by almost six points, there was still the notion that the original polling forms would be sent to Washington and the original data evaluated and re-entered in digital form to determine whether there were actual doubts or anomalies to justify the announcement that the poll was “invalid”. Initially, this was going to happen when staff from our Nairobi office traveled to Washington in March for IRI’s annual global meeting.  The meeting was intended to be mandatory for me as a Country Director and I was asked on behalf of IRI’s President to prepare a presentation on the process of dealing with the Exit Poll and the release decision.  I explained to my boss, the Africa Director, that this was a terrible idea since I emphatically objected to the decision to say the poll was “invalid” and not release it, but I did not want to get up in front of a bunch of young idealistic IRI employees working around the world and say that, nor surely did “the front office” want me to. I also had a major family conflict for the meeting which had been moved because someone in Washington had forgotten to make hotel reservations.  Since my leave from my job in the States was up June 1 and I had to move back in May anyway, I was comfortable declining and was able to beg off.

The original survey forms, which were in locked storage at the Country Director residence near our office, were going to be delivered to Washington by the other staff members making the trip for the March meeting.  But then those instructions were cancelled and there was no operative plan to re-enter the data or otherwise review the original forms in Washington or elsewhere.  The researchers from the University of California San Diego (UCSD) who were the critical consultants for the USAID-funded poll and had contributed additional funding supplementing that provided by USAID, wanted to do the data work, but IRI Washington did not want to let them without modifying their contract.  IRI would pay  $10,000 as compensation for the additional work, the same sum as the funding Dr. Clark Gibson of UCSD had provided pre-election, but UCSD would have to surrender the right to publish the results after a six month exclusive period for IRI that was provided in the original pre-election contract.  Dr. Gibson, as he told the New York Times declined because he thought “they were trying to shut me up”.

Given the fact that there was no path forward to complete the polling program and answer the questions that had been raised back in Washington without reference to the original data, I had to make a choice as Chief of Party for the polling program between honoring the existing contract with Dr. Gibson of UCSD or breaching it to follow instructions from my IRI superiors.  I elected to honor the program and the contract (and the election process itself as I saw it) and allowed the UCSD graduate student researcher to take possession of the survey forms (I had sent him, along with my wife, to retrieve them from the polling firm and bring them for safekeeping at the residence once things got “hot” when IRI announced from Washington that the poll was “invalid” and would not be released.  (As but one example of what I was concerned about, the possibility of a re-count of the underlying vote in the December 27 election had been eliminated, allegedly, by a fire in the warehouse where the ECK stored the ballot boxes just after the vote.)

Thus UCSD was able to verify the poll and release the results in presentations in Washington at the Center for Strategic and International Studies and Johns Hopkins University in July 2008 after the end of the six month embargo. And USAID reported in their Frontline newletter that the exit poll “disclosed that the wrong candidate had been declared the winner”.

The personal drama was that in April when I was working from the residence (my successor was in place running the office by then but had not yet been approved by USAID as Chief of Party so I was still needed for public meetings and reports and such) when I got a call from my Africa Director in Washington that my successor had not been able to find the survey forms in the office.  I explained that they had never been taken to the office, which seemed obviously less secure, so we had taken them to the residence.  That was a satisfactory answer and nothing further was said.  The fact that the forms were in San Diego at that moment was a “didn’t ask, didn’t tell”.

In May I was to turn over the residence to my successor.  The UCSD researcher was bringing the survey forms back from San Diego with him and put the boxes in checked baggage which was tied up in a big delay at Heathrow in London, so he arrived without them as I was getting ready to vacate the residence.  In the context of the tension between myself and the Ambassador and the non-release of the Exit Poll, I threw myself my own going away party with my family and the staff that reported to me, but I did get invited to a farewell dinner by the Serbian Ambassador and his wife who managed our IRI office for both the East Africa programs and Sudan. Starting out with a homemade Serbian aperitif I felt a bit woozy after a sip and excused myself. I woke up a few minutes later on the floor of the restroom with blood on the tile from striking the sink on the way down.

A cab was called to take me to Aga Khan hospital where I recovered for a few days while my wife and kids scrambled to finish getting everything out of the residence for turnover in my absence and I hoped that the boxes of survey forms would arrive in time to be back in the residence for my successor.  After a few anxious days the boxes arrived in the nick of time and I was soon out of the hospital and off with the family for a couple of weeks in Uganda before going back to Mississippi and my job as a lawyer in the defense industry. Testing at the hospital indicated that I did not have malaria, just some similar but completely temporary symptoms of who-knows-what.

At some point, IRI ended up hiring a survey firm in Oklahoma to review the Exit Poll and released it themselves in August 2008 just before the UCSD researchers testified about it to the Kreigler Commission which was conceptually charged with investigating the dispute as to the facts of the vote for president.  Raila wrote about how important the Exit Poll was to him in his autobiography, “The Flame of Freedom”.  He got part of the story wrong, but since he has continued to be a candidate for president over the succeeding elections, it has been in his interest not to be overly fastidious about all the details, just as the important thing for current democracy assistance efforts is keep learning and adapting from the lessons that become available.

If Raila ends up being president this time, I hope he does a great job in the spirit that his most loyal friends and supporters, some of whom are also my friends, have always hoped.  I also hope it is because he gets the most votes in a free and fair election that is not marred by violence or more corruption than we have already seen.

Good pre-election Kenya report from Carnegie Endowment

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Saskia Brechenmacher and Nanjira Sambuli have released an excellent pre-election report for the Carnegie Endowment’s Pivotal Elections in Africa series produced jointly by Carnegie’s Democracy, Conflict, and Governance Program and Africa Program.

Moreover, as other analysts have noted, a recurring pattern of dealmaking between political insiders also serves to protect the economic and political power of a narrow elite class, while undermining more meaningful forms of political accountability. Politicians have incentives to mobilize voters to secure their place in elite bargains; yet once those bargains are struck, the needs of communities tend to fall by the wayside at the expense of elite interests. This pattern helps explain why inequality in the country has spiraled: according to Oxfam, “the number of super-rich in Kenya is one of the fastest growing in the world,” with “less than 0.1 [percent] of the population . . . own[ing] more wealth than the bottom 99.9 [percent].”

“The Specter of Politics as Usual in Kenya”