Election Litigation in Kenya: What is status of preservation and sharing of forensic evidence from KIEMS on Results Transmission? [update 25 Aug]

Short answer is people involved are extremely quiet on this front. [UPDATE:  Good news!  U.S. Ambassador Robert Godec spoke yesterday at the annual National Conference of the Law Society of Kenya.  The text of his remarks is here.  Based on…

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#ElectionsKE2017 – How the KIEMS Results Transmission System was supposed to work

  IFES Africa, Elections in Kenya, 2017 General Elections, frequently asked questions: 2017_ifes_kenya_general_elections_faqs_update_7.21.17.pdf [page 8] How does Kenya Integrated Elections Management System work? The Independent Electoral and Boundaries Commission (IEBC) 2017 Election Operations Plan and the 2017 Elections Results Management…

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It would be easier for Mr. Chebukati and Mr. Kerry to make their case to Mr. Odinga’s supporters with much greater transparency

There is a lot that Kenyan voters could be told that they have not been told about how their votes were represented to them by the IEBC over the last several days since they voted and all the ballots were…

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Always “steady progress” – COMESA “elders” to observe COMESA member elections in Kenya and Rwanda

From a COMESA Press Release yesterday: COMESA believes that elections play a pivotal role in societal transformation in the region and provide a footstall for entrenching democratic principles. Premised on this critical role, Member States have continued holding periodic elections…

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Kenya vote: target turns from “will of the people” to “free and fair, peaceful and credible” to “fair, orderly, credible and nonviolent”

In the 2013 Kenyan election John Kerry was the American Secretary of State, speaking to Kenya's elections that year in his role as lead American diplomat.  The U.S. provided key funding as well as embedded technical support for the IEBC…

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Latest Kenya election remarks from Amb. Godec emphasize need for change; corruption undermining democracy

U.S. Ambassador Godec spoke out strongly on corruption in pre-election remarks to students at Maseno University on Wednesday as reported by CapitalFM: "Vote so as to bring change to Kenya says U.S. envoy." While emphasizing he personally and the United…

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Initial Trump budget proposes to eliminate United States Institute of Peace, Wilson Center and African Development Foundation 

Of the laundry list of independent U.S. Government agencies Trump's initial "skinny budget" submission to Congress proposes to eliminate, the USIP and the Wilson Center are specifically active on issues relating to democracy, war and peace in East Africa and…

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Another year goes by: Eight years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

The fifth sixth eighth anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi was this past Thursday Sunday.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

.  .  .  .

Unfortunately, in these five years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police.  Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity.  The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

(more…)

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