Somalilandsun -After agreements from two meetings between president Muse Bihi Abdi and Opposition parties Wadani and UCID leaders Abdirahman Irro and Eng. Feisal Ali respectively, the fate of parliamentary and local council elections remains in the dark.
The darkness emanates from the still in office new national elections commission NEC that has been disputed by the opposition parties leading to an agreement that the former NEC commissioners be returned to office thence elections sometimes in 2020 as pursued by the international community with a stake in the Somaliland democratization process.
Following the two meetings between the three principle politicians in the country it was agreed that president Bihi shall uphold the agreements to reinstate the former NEC as per elders mediation that had garnered support from the international community.
But despite all arrangements more the 10 January date in which the president promised to finalize the issue nothing has been done and the status remain the same notwithstanding numerous visits and meets with senior IC diplomats the latest being the UN SRSG to Somaliland and Somalia Amb James Swan.
While the commitment to 10 January was hailed as a conclusive decision failure to implement anything returns the country to the days of political tensions.
A statement released this week from the Minister of Information states that the Government concluded following the agreement among the parties that legal authority was lacking for either the President or Parliament to effect the negotiated agreement and replace the existing membership of the National Election Council. The Government argues the only way to proceed would be to call for voluntary resignations which is reportedly not acceptable to the other parties.
Somaliland has now been functionally independent almost as long as it was part of the independent Republic of Somalia following independence from the UK and joinder with the former Italian Somalia. I agree that once parliamentary elections are finally held it would be wise for the US and the UK to step up a concerted diplomatic effort to facilitate with the UN and AU a durable resolution of Somaliland’s status and relationship with the federal Somali government in Mogadishu and the regional government in Puntland. This will have to include resolution of the Suul and Sonaag borders and at least a mechanism to address mineral rights issues.
The diplomatic task will never be easy with the passions involved but I think the effort is timely now with a balance of progress in the South and the risk of some unexpected disruption to the status quo from waiting too long. The move of the Gulf Cooperation Council to establish a Red Sea security initiative without reference to Somaliland, while others have supported national maritime security efforts by Somaliland is an example highlighting the growing potential for international misunderstandings as the Horn region attracts growing outside interest.
Rift Valley Rural Women Empowerment Network – Jerry Okungu seated in front row, far right, Dr. Joyce Laboso standing in second row, in white ball cap, 2nd from right
Dr. Joyce Laboso, who died in July while serving as Governor of Kenya’s Bomet County, and Jerry Okungu, the late journalist, columnist, media consultant and publisher, were favorites from working with them through the International Republican Institute in 2007 before that years’ election. Sadly they have both been lost to cancer at much too early an age.
Jerry worked with us as a consultant doing media and communications training and I travelled with him to conduct multiday programs at Edgerton University in the Rift Valley and Garissa in then North Eastern Province. My next post will be a more involved tribute to Jerry who died in January 2014. In the meantime, see his obituary from Citizen TV. Jerry and I kept up in later years and I have always regretted that we missed getting together again in person as we had hoped.
During the months leading up to the 2007 election, we at the IRI East Africa office were on a relative shoestring. Our primary Kenya work was our National Endowment for Democracy country program which was focused on training women and minority members who aspired to run for parliament. So we latched onto the invitation to work with the UN-supported Rift Valley Rural Women Empowerment Network to provide training and encouragement. We engaged Jerry to provide media and communications training.
At the time, Dr. Laboso’s sister Lorna was running for parliament in Sotik and was nominated by ODM and elected. I got to spend time with Joyce who was especially helpful to me as a newcomer in understanding the “bad old days” (my term not hers) when she spent years as a student and graduate student in England, but at home could not safely even mention in public the name of the then-President. She also helped me understand a bit about “intra-Kalenjin” politics (she was Kipsigis). An ODM wave was coming in the Rift Valley that year and a number of women candidates were part of the perceived post-Moi “change”.
Sadly, Joyce’s entry into elective politics herself later in 2008 came about from two untimely deaths.
The first was on the morning of January 31, 2008 (during the post election violence). David Too of Ainimoi Constituency became the second ODM Member of Parliament to be shot dead since the election. Too was shot by a policeman who also shot and killed a policewoman Too was with in a car. During that time the strategy of Kibaki’s PNU during the post election violence period was to consolidate power by drawing away (or down) the ODM margin in Parliament that allowed the narrow election of ODM’s Kenneth Marende as Speaker (and Marende’s elevation cost ODM one seat). Kibaki had appointed third-place candidate ODM-Kenya’s Kalonzo Musyoka as Vice President (according to Joe Khamisi part of a pre-election deal he negotiated with Stanley Murage representing Kibaki), and KANU’s Uhuru Kenyatta as Minister of Local Affairs. Kenyatta and “Retired President” Moi had endorsed Kibaki by August and aligned KANU with Kibaki’s new PNU when it was formed in September, even though Uhuru remained “the leader of the Official Opposition”. (This sticks in my mind in part because I met with new Speaker Marende at his request that morning and the news of Too’s killing hit shortly before I arrived.)
Unfortunately, on February 1, the day after Too’s killing and my meeting with Speaker Marende, I was told that IRI back in Washington had made the decision not to release the exit poll contradicting the presidential totals announced by the Electoral Commission of Kenya shortly before Kibaki’s swearing in on December 30 (per our agreement with USAID release of the results for this exit poll, the third in a series, was to involve consultations with the Nairobi mission that included diplomatic considerations, although there have been some claims that these did not occur for unexplained reasons.) Following that news I was constrained in my ability to interact freely with Kenyan politicians—and on Speaker Marende’s request that I meet with Kofi Annan to encourage the mediation process—since I was not willing to go along with telling anyone the exit poll was “invalid” per the “official line”. I ended up going home in May when my temporary duty with IRI was up without initiating goodbyes to Joyce or most of the others that I might have.
Raila and Kibaki agreed to their “peace deal” for power sharing on February 28 and it held in spite of the lack of support from some leaders and on the back benches on Kibaki’s PNU side who still wanted to try to wrangle a working majority in parliament, engineer a vote of “no confidence” against the new Prime Minister and re-take full control of government.
Tragically, in June 2008, Joyce’s sister, the Hon. Lorna Laboso, along with her colleague Kipkalia Kones, in his fifth term from Bomet and serving as Roads Minister, were killed when their light plane from Nairobi crashed on a trip to campaign for the ODM candidate in the special election to replace David Too in Ainimoi Constituency. Lorna was remembered as a a pioneer of women in politics and for campaigning against the cultural practice of female genital mutilation among the Kipsigis . (Both she and Kones were mentioned for allegations of backing politically related violence in PEV period but of course there were never any legal proceedings; that part of the February 28 “peace deal” ultimately failed and we are left with the muddle of mass informal immunity among the living, and questions about others, for the mass violence.)
It was this sequence that led Joyce to step up as a candidate in the special election that September to fill Lorna’s Sotik seat. I sent condolences on her sister’s death and congratulations on her special election, and but we never interacted again so I am left with appreciating her as a pre-political leader and not knowing what she thought about the various twists and turns of her own career in politics, sadly cut short by cancer as too many others.
1) Does the ICC indictment against Bashir hinder the prospects for Sudanese to get Bashir out of power through popular protest?
2) Are we all agreed that the ICC is not ready to prosecute a case against Bashir even though the facts of the case are many years old and the charges themselves have been pending for almost ten years? If so, is this not hugely important to weighing the practical value of the Bashir case to the Sudanese people today?
3) How many Member States have declined to act on the Bashir warrant when he was in their jurisdiction? How many have attempted to act? How many Member States have honored the spirit of the case against Bashir during its pendency?
4) What diplomatic efforts have the Prosecutors been making during the pendency of the Bashir case? Is diplomacy by a Prosecutor a form of informal pleas bargaining? Is it really the case that the ICC cannot plea bargain? Is it in the larger interests of justice for a jurisdiction to have a prosecuting authority that cannot plea bargain? What about pardon authority?
5) What are the lessons from the failed cases against Uhuru Kenyatta and William Ruto? And more broadly from the overall success of the perpetrators of political violence in Kenya in avoiding prosecution, avoiding other penalties or sanctions, keeping the political gains achieved through violence and obtaining further support from Member State governments and other governments which notionally supported accountability?
I recognize that this is a very tough time for human rights and humanitarianism as reflected in this post on counter-humanitarianism, 2019’s biggest challenge: the humanitarian sell-out” from Christina Bennett at the Overseas Development Institute. All the more reason those of us who care about people in the hands of angry rulers need to ask ourselves the hard questions.
Update: The International Crisis Group has a new report out titled “Prospects for a peaceful transition in Sudan improving” (h/t The Official blog of David Shinn) which notes the ICC issue and discusses the idea of bargaining through the UN Security Council’s deferral process:
The UN Security Council might also offer to request the ICC defer investigation or prosecution of Bashir’s case for one year, pursuant to the Rome Statute’s Article 16, were he to resign or to leave office in 2020; the deferral could be extended provided Bashir stayed out of – and did not interfere in any way with – Sudanese politics. The downsides to deferring his case would be enormous, but without a pledge along these lines, Bashir is unlikely to step down.
One problem with this is that 3 of the Permanent Members of the Security Council are Non-Members of the ICC. China and Russia are hardly advocates of human rights, rule of law or democracy and the present United States administration expresses opposition to the existence of the ICC as such, escalating the complications associated with U.S. diplomacy involving ICC cases. What are the interests of the CCP here? Reports indicate that the Bashir regime has brought in Russian “Wagner Group” mercenaries.
Of course in the Kenyan cases, unsuccessfully pursuing a Security Council deferral was the major diplomatic priority for Kenya’s Government for a period of years, as well as attacks on the Court though the African Union, IGAD and whatever other fora could be found. The diplomacy failed, but the Prosecution failed anyway, with loss of life and other large costs left to the witnesses and victims.
What will 2019 hold for the relations between the United States and Kenya, particularly the Trump-Pence and Kenyatta-Ruto Administrations?
Kyle McCarter, just confirmed by the U.S. Senate as Trump’s man in Kenya, after a delay since last spring, will shortly replace Robert Godec who shepherded U.S. interests as defined by the Obama and Trump Administrations, respectively, during the UhuRuto election in 2013 and re-election in 2017. The 2020 American presidential race is kicking off now a year ahead of the party primaries so it does not seem likely that McCarter’s efforts in Kenya will command a high place in the U.S. President’s personal attention soon. (If Trump is re-elected it would seem a fairly safe bet that McCarter would stay on for Kenya’s 2022 election, but as a political appointee he would likely be replaced in 2021 if the White House changes hands.)
We have also seen an encouraging new development with the recent and current prosecutions by the U.S. of cases involving bribery of high government officials in Uganda and Mozambique (going along with the U.S. extradition and prosecution of members of the Kenya-based Akasha narcotics trafficking syndicate). See the Amabhungane story on the Mozambique cases here.
The U.S. has been quietly supporting capacity building for Kenyan prosecutors; some people, including some Kenyans, think that the Director of Public Prosecution is now closer to “the real deal” than his predecessors and that President Kenyatta is actually now waging a form of a genuine if limited “war on corruption”. (We shall see.)
On the Kenyan side, with the end of 2018 we reached the end of the first year of the Second UhuRuto Administration and the first year of “Uhuru’s Big Four Agenda”.
In late 2017 we witnessed the opposition-boycotted “fresh” presidential election conducted by the highly controversial (and at least to some extent corrupt we now know) IEBC, followed by an international diplomatic circling of the wagons to close out Kenya’s political season on that basis.
“On reflection, I came up with four responses to your concerns. I call them the Big Four: food security, affordable housing, manufacturing and affordable healthcare for all. During the next 5 years, I will dedicate the energy, time and resources of my Administration to the Big Four.”
Fulfilling these development targets would be the prospective reward to ordinary Kenyan citizens for their role, such as it was, in the re-election drama, and serve as Uhuru Kenyatta’s “legacy”, to cement his place within Kenya’s First Family and presumably secure the status of yet another generation of Kenya’s post-colonial pre-democratic elite.
I was struck by the fact that the Jubilee/UhuRuto election campaign did not offer the “Big Four” as its electoral platform. Needless to say, it is a bit incongruous to see the Jubilee Government and its international supporters (the same ones funding Kenya’s serially corrupt electoral management bodies) not offer a serious nod toward seeking a direct democratic mandate for such an ambitious and aggressive program to define a Kenyan president’s term in office.
I am fully in support of the concepts of “the Big Four” in having the Government of Kenya actually prioritize the common welfare of Kenya’s citizens. It is just that this type of service provision is frankly head-spinningly counterintuitive coming from Kenya’s existing political class. Anyone who has been blessed to live in Kenya and follows its politics must have asked at the inception a year ago if this “Big Four” was not just the another expression of foreign ambitions projected on Kenya and indulged by Kenya’s elite for their paramount purpose: looking out for themselves.
Now that a year has gone by, the attention of Kenya’s governmental leaders draws more and more tightly around their next election in three-and-a-half years while the reality of the debt load from the most recent pre-election period bears down. It would seem that skepticism was well warranted.
The United States reportedly took a key “leading from behind” role in late 2017 and early 2018 in bringing Raila into some form of post-election accommodation with the Kenyatta’s while taking both a publicly and privately assertive position against the “People’s Presidency” inauguration gambit last January. Since that time we have a new Secretary of State, a permanent Assistant Secretary for the Africa Bureau, and now a new Ambassador, but no open discontinuities in Trump Administration policy on Kenya. Dr. Jendayi Frazer who was the Assistant Secretary in 2007-08 is still around in the same various private capacities as she was in during 2013 and 17 (as far as I know). She was most recently in the Kenyan media visiting with Mombasa County Governor Joho, reportedly discussing “violent extremism” before a Mastercard Foundation event. Most of the other people who were involved in Kenya diplomacy and policy at a senior level in the Obama years are in quasi-official related positions and/or the Albright Stonebridge Group, awaiting a change in administration if not retired.
With the “handshake” between Uhuru and Raila it seems that Kenya’s opposition has been left with less power in parliament than at any time within the past twenty years.
Certainly Daniel arap Moi must rest easy knowing that the rumors of his political demise were greatly exaggerated. His succession project from 2002 has more-or-less succeeded. Kenyans are freer as a matter of civil liberties now than they were during the days of his rule as recorded in history and as described to me by politicians who were in opposition back in 2007 but have circled back in the years since. At the same time, extra-judicial killing remains a constant threat to the poor and to anyone whose exercise of those liberties might seem to present a real challenge to the political status quo. The killings by State security forces in support of the 2017 elections were significantly escalated from 2013 and after ten years it is now safe and necessary to say that the post-election violence of 2007-08 has been effectively ratified by the State as the violence of 1992 and 1997 under Moi was. And Kenya may be even more pervasively corrupt than ever. Elections arguably peaked in the 2002 landslide.
The “international community” as it identifies itself has accepted and moved on from its abject defeat by Kenya’s political elite (and by its own vanity and lack of substantive commitment) on the issue of “justice” for the politically instrumental murder and mayhem of 2007-08.
Trump’s “New Africa Policy” as per National Security Advisor John Bolton suggests that we should not expect any separate new “flagship” initiatives for development or assistance from the U.S., nor other major changes emanating from the White House. The “New Africa Policy” could be seen as raising questions of how far the U.S. will be willing to financially underwrite the “Big Four” approach on development assistance. Bolton himself was both the intellectual and political leader of the campaign to keep the ICC as far from any interaction with U.S. policy as possible and is a career U.N. skeptic. There are elements of the approach talked about for “the Big Four” that fit up with what we hear from USAID in the Trump era, in particular a heavier focus on creating opportunities for private foreign investment coupled with reduced direct assistance spending. At the same time, the sexiest sector for investment under the Big Four, under Universal Health Coverage, is predicated on the rejection of the Republican approaches to healthcare in the United States, so the rationale for U.S. Government support under a Trump Administration is fuzzy at best.
Just as most of Kenya’s major politicians have history as cooperators in some fashion with Kenya’s single party KANU regimes, some of those around Trump worked for Moi directly (Paul Manafort and Roger Stone most conspicuously) and Americans of longevity in the Foreign Service have background with the USG-GOK alliance under Moi. It will be interesting to see where Ambassador McCarter fits into this history.
On one hand, McCarter is a Trump political appointee from Republican politics; on the other his background with Kenya as a missionary makes him a somewhat anomalous figure in the world of Black, Manafort and Stone, Cambridge Analytica and other Trump-connected international operatives and lobbyists, and with Donald Trump and his Organization, the global hotel/gambling developer and brand broker.
McCarter has been around Kenya independently and will have is own pre-existing relationships and his own impressions on Kenya’s politics not tied to the Trump family.
McCarter’s religious background as an Oral Roberts University graduate and missionary in itself, and political background as an elected official from a less urbanized portion of the American Midwest may give the new Ambassador some head start in relating to ordinary Kenyans over someone from a more typical background for a professional diplomat.
Will McCarter tuck comfortably into the pre-existing Bush/Obama/Trump policy for Kenya of accentuating the positives about those in power and how we can keep things quietly spinning without risk of disruption? Or might he be more plainspoken? How will he see his role in the “handshake” and “Building Bridges” endeavor as Kenya’s pols move more quickly on to jockeying for advantage for the next dispensation from 2022? Can McCarter find a way to contribute something lasting on corruption and law enforcement even if the “Big Four” is “overcome by events” as politics moves on?
An earlier Handshake: IFES president Bill Sweeney calls on Jubilee Speaker of National Assembly Justin Muturi on visit coinciding with IEBC’s announcement of sole source deal with Safran Morpho to acquire Kenya Integrated Election Management System (KIEMS) in March 2017. Sweeney also brought the new IFES country director for its USAID election support program who was hired to replace the director who had been purged following criticism from the Jubilee Party and the Kenyatta Administration.
Here are the Sub-Saharan African countries with a Human Development Index in the “High” and “Medium” categories as listed by the recent release for 2017 from the UNDP.
Interestingly, Kenya along with Sao Tome and Principe stand out for having a Medium HDI level relative to a lower Gross National Income per capita. Equatorial Guinea was the most extreme under-performer relative to GNI rank.
This is in the nature of a “thought experiment” rather than an actual suggestion at this point, but here goes rough sketch of the basic points:
1) We all recognize–whether we are willing to publicly admit it–that Somalia is in a “permanent” war state although progress has been made from the lowest ebbs over the years. Somalia is like Afghanistan, Iraq, Libya, Syria and Yemen in the sense that it is a place in which perpetual fighting appears indefinitely sustainable pending some major change.
2) The current phase of the civil war in Somalia started in December 2006 with a full scale invasion by Ethiopia, with US support, at the invitation of the Transitional Federal Government (TFG), to displace the Islamic Courts Union (ICU) with a re-instated TFG. In early 2007 this gave way to the multilateral AMISOM “peace-keeping” military force of surplus Subsaharan African national troops seconded by their governments. Funding came from the EU and UN, passed through the African Union.
3) As we approach the 12th anniversary of the Ethiopian invasion with the Somali Federal Government (SFG) having significant influence but not consolidated military or civilian control of the country, we all know that there is no immediate prospect of a complete military defeat of Al Shabaab, the al Queda affiliate that coalesced in the breakdown of the ICU in the fighting in 2006-07. Al Shabaab at present no longer controls any major cities, following the Kenyan-led assault on Kismayo in 2012, but has sustaining financial support and territory, and seems to have wider influence in Kenyan territory in particular than in the past. Likewise the latest International Crisis Group report indicates increased influence in Tanzania.
4) Somalia has not had a clearly established national government since 1991– presumably before most of the foot soldiers on any of the sides were born.
5) Ugandan and Burundian troops have been provided to AMISOM by Museveni and Nkrurunziza, the “elected dictators” of Uganda and Burundi, respectively. Under this arrangement the United States provides training and support, and a patina of international legitimacy, to forces under the command of Musveni and Nkurunziza and they in turn loan out on a fully reimbursed basis some of those forces to the EU and UN through the AU.
6) Conceptually, the advantage to the United States from this arrangement, as I once heard it put a few years ago from a military perspective, is “better them than us.” The advantage to Museveni and Nkurunziza is leverage vis-a-vis the United States, the EU, the UK, the UN and the AU. For the AU the arrangement provides at no cost superficial prestige and legitimacy.
7) The disadvantage for the United States is that it also gives Museveni and Nkurunziza superficial prestige and legitimacy in spite of their repudiation of democratic values. It also gives a hint of reverse leverage in the relationship. Rwandan strongman Kagame has explicitly tried to exploit his dispensation of surplus troops to the UN mission in Darfur to ulterior advantage, for an example of the implications. This creates complications and risks in our relationships in East and Central Africa, whatever the perceived savings in regard to the Horn and Somalia.
8) Museveni and Nkurunziza do not have the mitigating factors on their side that buy indulgence for Kagame, whether legitimately or not. Kagame assuages our feelings of guilt or exposure to embarrassment for not taking action to try to stop the genocide in 1994 during the Rwandan civil war, by operating a micro-model of repressive developmentalism in tiny Rwanda. Those equities are simply not in play for Museveni or Nkurunziza who have chosen to become aggressively repressive anyway. Thus U.S. military partnership and EU funding Uganda and Burundi arguably become nakedly hypocritical and opportunistic.
9) Over the years of the fighting in Somalia the United States has significantly drawn down its forces in Iraq and in Afghanistan. We have now significantly increased our overall defense budget. It would seem that direct deployment of United States military personnel for the type of “peacekeeping” fighting engaged in by Ugandan and Burundian forces would be relatively easier now than in the earlier years if this iteration of the war in Somalia.
10) Meanwhile, questions have continued to grow about the sustainability of Museveni’s repressive government as he has continued to accelerate past the off ramps for peaceful transition. Thus, the quandary for the United States in using his forces in support of notionally democratic nation building outside the country while the idea of democratic nation building recedes within Uganda itself.
Back in 2015 I submitted a Freedom of Information request for USAID records relating to the election assistance through IFES for Kenya’s IEBC (the election commission).
Several hundred pages were sent from the Mission in Kenya to the USAID FOIA office more than 30 months ago. A year ago I finally got the first release, simply a heavily redacted copy of the Cooperative Agreement itself funding the program.
I have just recently gotten the second release, the first substantive tranche of redacted copies of the underlying documents. From this I am starting to learn some information about the procurement of the failed Results Transmission System, but that matter remains somewhat sketchy so far.
Sadly I did see that IFES staff reported to USAID in the aftermath of the vote that they were busy working on the defense of the Supreme Court petition which impacted their availability to address questions about the systems issues.
I also learned that the election assistance donors were discussing amongst themselves the extent to which the UNDP, which administered “basket funding” for the election should cooperate with an investigative inquiry regarding procurements from the Ethics and Anti-Corruption Commission (EACC).
I did learn that one prospective bidder for one Results Transmission System procurement reported to the USAID Mission December 2012 that the allowed time for proposals was insufficient, to no avail as USAID said the impending election date did not allow delay.
When I consulted with AfriCOG, the Kenyan civil society organization, on election observation, and court petitions were filed seeking first to enjoin the IEBC from proceeding with an informal/irregular alleged vote tally when the Results Transmission System failed, and then after the IEBC went ahead, to challenge the alleged results, I did not know the Results Transmission System was a U.S. Government procurement under the Agreement, nor of direct involvement of IFES in supporting the other side in the litigation.
At this point, I am fairly well done with this blog as a format after all these years, but will continue to report on these matters of unfinished business as I learn more.
Meanwhile, Kenya is paying an average of about $343,000.00 “severance” to each of the outgoing Independent Electoral and Boundary Commissioners for leaving earlier this fall rather than completing their terms through November 2017. No signs of accountability for the #Chickengate bribes to the IEBC by Smith & Ouzman that were prosecuted by the UK and no sign of accountability for corruption in the subsequent 2013 election technology procurements.
While the “buyout” has been negotiated, the incumbent IEBC staff without the “servered” Commission has been proceeding to undertake election preparations that will be fait accompli for the new Commission when it is appointed next year.
Accordingly, the chief executive has proceeded to report plans to spend an astounding 30Billion KSh to conduct the 2017 general election, while setting a target of 22 million registered voters. In other words and figures, roughly $13.40US per registered voter if the target is met or $19.60US per currently registered voter. (For comparative data from places like Haiti and Bosnia,see The Ace Project data on cost of registration and elections.)
Events of the last few days are more twists, turns and wrenching associated with Kenya’s status as being stuck or frozen by the stolen election of 2007 and its aftermath, pending forward movement to truly realize a new system under the new constitution approved overwhelmingly in 2010, or back into a now-digitized/globalized version of a single party power structure based on elite-level tribal bargains.
Based on the 2013 election and Kenyan history, in the immediate run the continued retrenchment of democracy is surely likely, but we can hope otherwise. And most importantly, Kenyans can keep their eyes on the horizon and recognize that much of the work of getting Kenya (back?) to the state of democratic openness that was preceived to have existed in the early times after the defeat of KANU at the polls in 2002 will remain regardless of who is president.
And the vital task of acheiving a transparent and trustwothy, bona fide independent electoral commission must not stop with the immediate “fresh election” regardless of when it is or whatever limited progress is obtained through current NASA demands for “irreducible minimums”.
ODM and Wiper and other parties made a mistake by waiting until early 2016 to focus on forcing reforms of the Issaak Hassan “Chickengate” IEBC of the badly administered 2013 election. Even though agreement was obtained to replace the Commission with loss of life of protestors killed by police by mid-2016, the old Hassan Commission stayed in control until early this year, after budgets and plans (and some contracts apparently) were in place, assistance programs by the United States and others contracted–and apparently adjusted by demand of the incumbent ruling party.
The new Commission inherited Hassan’s staff and remains quite murky as to the extent that they are de facto independent enough to effectively manage and discipline that staff. The selection process was messy and murky and the Vice Chair of the Commission turns out not to have resigned her job with the UNDP but rather taken “leave” of undisclosed terms while serving. Are other Commissioners of uncertain independence from other players in administration of the elections? (I am not concluding that Dr. Akombe is not independent of the UNDP–just that there are unavoidable questions which neither the UNDP nor Dr. Akombe seem willing to address–nor Kenya’s media to take up.)
No incumbent president in Kenyan history has been found by Kenya’s election management body to have lost an election–certainly the opposition has always known it had an uphill battle to have real hope of winning, aside from the fact that the incumbents have strong support in their bases and were ahead by a few points in most polls as of late July. In this environment, the failure to achieve deeper reform of the old IEBC by early 2017 was probably fatal to a real chance to win all other things being equal.
The surprising and gutsy decision of the Supreme Court of Kenya to rule that the IEBC’s conduct was just too far beyond the pale to pass legal muster gave everyone another chance, but of course it did not change any hearts and minds of people who were never willing to risk of losing office at the polls in a free and fair vote.
The United States and other donors attracted a lot of published advice from its own employees and through indirectly supported sources like the International Crisis Group stressing the importance of transparency for trust building but elected instead to continue to stay the course of underwriting the ECK-IIEC-IEBC and publicly promoting its output to Kenyans without re-consideration of the risks and costs of non-transparency and undisclosed failures with the electoral management process, such as the alleged bribery in 2007 that warranted undisclosed US “visa bans” and the subsequent “Chickengate” bribes and the bogus procurements of technology that left Kenyans exposed again in 2013.
This is not rocket science. Kenyans who are increasingly divided by tribalism as their politicians offer and deliver less democracy and less other models of leadership, are more likely to accept and trust what they are openly shown and explained.
I will be prepared to more substantively address the 2017 vote/s once I get the documents I am due and expecting from my 2015 FOIA request about the 2013 election. Until then, we can still decide to do what we know can be most helpful to build trust if we want to.
It is in fact very unfortunate that time has been running hard against the 60 day deadline for the “fresh election” necessitated by the failure of Kenya’s IEBC (significantly supported by the United States and, at least indirectly through the UNDP so-called “basket funding”, other donors) to conduct a lawful presidential election on August 8 as determined by the Supreme Court of Kenya.
With the passage of time things like the then-shocking torture/murder of acting IEBC ICT head on the eve of the election are no longer mentioned in such statements as today’s from the envoy group. Too long ago that murder (passing 60 days) and with no sign of progress or serious effort to solve the case we should of course “accept and move on” that it was simply an unfortunate coincidence (or at most one of those political murders that happen periodically in Kenya that are agreed to be ignored so that we don’t have to face the darker realitity of how “democracy” really works in such a pretty country). Of no relevance to the August 8 election or its rerun in the hands of the his suspened predecessor who got his job back when Msando was killed even though he had been earlier suspended as ICT director for refusing to cooperate in an audit.
Rather it is noted today that it is “too late” to replace staff hired under the removed Issack Hassan Chickengate regime or otherwise substantially reform the IEBC.
Longstanding CEO Ezra Chiloba doubled-down last week and signed (reportedly) a new (amendment??) with the controversially sole-sourced ICT vendor OT Morpho now owned by a US-based fund and a fund of the Government of France. Pretty much an “in your face” gesture toward reformers if true. [Update 4/17: The IEBC twitter feed has reported that the OT Morpho contract will be released – I gather this is confirmation of the reported new agreement but we shall see.]
Either the donors have lost all significant influence, if they had any, toward transparency and trust building at the IEBC or they are really gambling hard on selling whatever the IEBC in existing form–without meaningful reform–will offer up on October 26 and the seven days thereafter.
As for me, I think this is a bad gamble, both in terms of odds and because the known character of the other players at the table.
As an American who was involved in the 2007 fiasco from part-way inside and witnessed 2013, I would like to see my Government cease to help underwrite this IEBC as a matter of our own integrity and of our long term ability to provide some future positive influence to the future development of independent democratic institutions in Kenya.
The American dollars supporting through USAID this IEBC would be much better spent on urgent humanitarian needs (see the UNDP’s call for additional funds of more than $100M for Kenya famine relief).
It may be that NASA will throw in the towel and agree to go along to run in a “not so fresh” election without IEBC reforms. That is for NASA to decide. I just do not want my Government to interfere in that decisionmaking process unless we are willing to provide some independent assurance of transparency and support for fairness to all Kenyans (not just NASA) that the Government of Kenya cannot be expected to agree to unless we are willing to stand up to them in a way that I have not seen from us in 2007 or 2013.