High risk of political violence around Kenya’s election? Of course, because violence worked well in 2007 and was ratified in 2013 and since.

 

Kenya 2007 PEV Make Peace Stop Violence

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.

Even five years ago, in 2017, the threat of violence was on the table: “Election Violence threat in Kenya–my thoughts on NDI’s new warning“.

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?

UhuruRuto Kenya 2013 billboard Nairobi

 

 

 

Did the competing election crisis triggered by Benazir Bhutto’s assassination on the morning of Kenya’s 2007 vote contribute to initial missteps in US response to fraud?

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.

Kenya election State Department declassified cable Condeleeza Rice Javier Solana power sharing Mwai Kibaki Rail

Kenya election State Department declassified cable Condeleeza Rice Javier Solana power sharing Mwai Kibaki Rail

Kenya election State Department declassified cable Condeleeza Rice Javier Solana power sharing Mwai Kibaki Rail

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 2 – Ranneberger’s cable to Washington documents that Ambassador witnessed fraud in the tally: “much can happen between the casting of votes and the final tabulation of ballots and it did” (and that between the December 28 and January 2 cables, Ranneberger held daily conversations with Assistant Secretary Frazer and December 29 and 31 conference calls with the National Security Council and Frazer).

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].

In Meg Whitman, Biden administration has found a high-profile but confirmable tech executive for Ambassador to Kenya

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.

P.P.S. Here is a write up from Kenya Business Daily.

“We see Africa’s potential”

As preparations for Kenya’s elections lag once again, cut the fog of time and remember what happened in 2007

Polling Station Olympic School Kibera

Flashback to the night of Kibaki’s twilight swearing in . . .

“Kenya could be facing its greatest crisis”, The Telegraph

Analysis

Five years ago yesterday, close to a million people watched as Mwai Kibaki was inaugurated as President of Kenya in Nairobi’s Uhuru Park.

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.

To be clear, State Department records show Department did flatly misrepresent the Kenya Exit Poll in 2008 to avoid pressure to release it

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.

Read the whole April 2007 Ranneberger cable at the State Department FOIA site.

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”:

IRI Exit poll Q&A

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 is a 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.

Additional “AF (Africa Bureau) Press Guidance” with the same misrepresentations were issued on July 9, 2008 after the Exit Poll was finally released in Washington by the University of California, San Diego researchers and it was covered in the McClatchy newspapers.

For further discussion, see “Should there by an international Code of Conduct for Exit Polls and Parallel Vote Tabulations?“:

. . . .

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.

 

“You are doing a heck of a job”; Biden and Kenyatta get cozy at White House

Remarks by President Biden and President Kenyatta of the Republic of Kenya Before Bilateral Meeting

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.

A good way to end the week for Client 13173 of Geneva’s Union Bancaire Privée (see “Secret Assets Exposed by Pandora Papers Expose Uhuru Kenyatta’s Family“, by Will Fitzgibbon in The Elephant, Oct 8).

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.

George W Bush praises FEMA head Michael Brown in Louisiana after Hurricane KatrinaPresident George W. Bush tells FEMA Administrator Michael Brown he’s doing “a heck of a job.” (Photo: AP)

 

Phee sworn in replacing Godec to lead State Africa Bureau; Biden’s team can now address policy for Kenyan election

The Elephant published my last post on September 10 as “Amb. Godec is Well Placed to Articulate US Policy for Kenya’s 2022 Polls“.

Amb Molly Phee cuts ribbon at school at Dire Dawa, Ethiopia with Commander of CJTFHOA

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.

The Elephant also published my “9/11 and the United States-Kenya Relationship“.  See also Paul Tiyambe Zeleza’s longread from the next week, “9/11: The Day That Changed America and the World Order

Ambassador Godec, as Acting Assistant Secretary of State, should articulate U.S. policy for Kenya’s election

Kenya 2013 election IRI Electoral Commission voter education posterAmbassador Robert Godec has served as the Biden Administration’s Acting Assistant Secretary of State since the inauguration.

Ambassador Godec served in Kenya from August 2012, as Chargé d’Affaires following Amb. Scott Gration’s ouster, becoming the Ambassador in January 2013 after November 2012 confirmation hearings ahead of Kenya’s March 2013 election.

Godec thus led U.S. engagement with both the later stages of the 2013 election and the ensuing litigation (both the presidential election petition at the Supreme Court and the on-going attempt to prosecute IEBC technology procurement fraud), the formation of the Jubilee Party in 2016, the eventual replacement of the Issack Hassan-led IEBC following protests in which opposition supporters were killed, the attacks on the USAID-funded International Foundation for Election Systems (IFES) by the Jubilee Party and President Kenyatta and Cabinet members, the change of U.S. Administrations from Obama to Trump, the acquisition of the Kenya Integrated Election Management System (KIEMS) from Safran Morpho (n/k/a Idemia), the abduction and murder of IEBC acting ICT Director Chris Msando on the eve of the 2017 vote, the general election and the successful Supreme Court petition annulling the presidential portion of the vote, the boycotted re-run, the announcement of the “Big 4 Agenda” and the post-election diplomatic negotiations, the “People’s President” swearing in, the “Handshake” and most of first year of the Building Bridges Initiative.

For the status of things in December 2018 as Ambassador Godec’s replacement, Ambassador McCarter was being confirmed see: “Something afoot in Kenya: Nation newspaper is running investigative reporting on IEBC procurement corruption in 2017“.

So at this point, Ambassador Godec is a seasoned veteran of Kenya’s post-2007 politics who knows the ground intimately from the last two election cycles.  (His prospective “permanent” replacement, Mary Catherine Phee, was nominated in April and got a favorable vote by the Senate Foreign Relations Committee this summer, but a confirmation vote by the full Senate is blocked along with dozens of other nominees.)

I was asked a few months ago to write an article about U.S. support for the BBI process, but I have been unable to do so because it is not clear to me what our policy has been or is now, and I have not found people involved willing to talk to me.  Given my role in telling the story of what went wrong in 2007 when I was involved myself it is no surprise that I might not be the one that people in Washington want to open up to now, but even people that I am used to talking to privately have not been as forthcoming as usual.  Nonetheless, Kenyans inevitably have questions, and those Americans who care may in the future.

Members of the Kenyan Diaspora Alliance-USA have announced that they have sent Freedom of Information Requests to USAID and some Kenyans on social media and in a few cases in print have asserted suspicions or accusations that the U.S. Government was intending to back “unconstitutional constitutional amendments” in the form of the BBI referendum for some negative purpose.  Looking at the degree to which the Obama Administration backed the passage of the new 2010 Constitution as the terminal event of the post-2007 “Reform Agenda”–to the point of having millions of dollars bleed over from neutral democracy assistance programing into supporting the “Yes” campaign in the 2010 referendum during Ambassador Ranneberger’s tenure–I am having a bit of difficulty understanding why my representatives in Washington would be working in general terms to undermine the new Constitution we helped midwife in the first place.  At the same time it has openly been our policy under Ambassador Godec originally and then his predecessor Ambassador McCarter to support the Building Bridges Initiative and we did provide some USAID funding for the conducting the consultative process itself.  I think it would be in the interests of the United States and of Kenyans for the State Department to get out front of the questions now, with the BBI referendum effort rejected both at trial court level and on appeal, and with the Kenyan presidential race that has been going on since the Handshake entering into its later stages.

We remain Kenya’s largest donor, we have many relationships and support many assistance programs of all sorts in Kenya.  Most Kenyans remain in need, and we continue to have the same issues regarding terrorism as during the past 25 years (most especially since the 1998 embassy bombing). In general the geographic neighborhood is experiencing more specific crises and some overall erosion of peace, prosperity and governance.  While we may not be as influential in Kenya as we were prior to 2007, and anyone with money can play in Kenyan politics, we will be engaged and we will have influence in 2022.  So there is no time like the present to articulate what our policy is for the coming year.

Here is my take from December 2019: “Important Kenya BBI reads, and my comments“.

And from January 2020: “How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2020?

New U.S.-Kenya links as election approaches

The Association of Kenyan Diaspora Organizations will be holding its annual conference in Seattle this weekend (August 27-28), including an appearance by IEBC Chairman Wafula Chebukati who will discuss the status of diaspora voting for the 2022 General Election. See my last post which discusses the diaspora voting issue: “Kenya’s IEBC ‘races’ to fulfill mandate from 2010 Constitution for lawful 2022 general election; behind again after 2013 and 2017 failures“.

Republican Senators urge Biden to prioritize Kenya-U.S. trade dealBusiness Daily, August 25, 2021

BBI Ruling Leaves Kenya at a Crossroads” blog post by Michelle Gavin at Council on Foreign Relations “Africa in Transition“. [Ed. note: Michelle Gavin was also handling the Africa program at CFR during the fraudulent 2007 election and ensuing crisis.  Non-resident fellow Jendayi Frazer, of course, was Asst. Secretary of State during the election and crisis.  Between the two there is unusually intimate institutional memory for the Council on Foreign Relations, along with the related competing interests associated with the connections.]

In the World Politics Review weekly Africa Watch newsletter, Chris Olaoluwa Ogunmodede argues that “A Court Ruling Just Upended Kenya’s Political Landscape“.

Growers Alliance Coffee from Kenya Diaspora Trade: Growers Alliance Coffee from Kenya

Here is the link to read about and order from Growers Alliance Coffee from my old friends Martin and Purity in St. Augustine, Florida.