Nairobi Star indicates that most of coming 1821 Wikileaks cables from Kenya cover 2007 election and period following

What to expect while we are expecting, from the Nairobi Star via “LastestKenyaNews”.

The first 250 cables to be released do not include any from the American embassy in Kenya.

However they are expected to start coming out in the next few days.

The Kenyan diplomatic cables go back to 2005 but the majority cover the 2007 elections and the period of the coalition government. There is one cable from May 14,1996.

. . . .

It is expected that as the cables will shed light on the thinking behind Michael Ranneberger’s swift congratulatory message to President Kibaki following the December 27, 2007 elections and the subsequent American turnaround to put pressure on the PNU to accept a coalition government.

On one day alone, January 2, 2008, as violence was raging in Kenya, the Nairobi embassy sent five cables to Washington.

Certainly I have wanted to know, and to some extent felt entitled to know, some of what may come out, but at the same time I am concerned about what the real time implications of this material may be in Kenya now. As Americans who are responsible for our own government we need to learn from our recent past–but we can’t change it.

What responsibility do Americans have for tribalism and corruption in Kenya?

Far more than most of us realize I would say.

Aside from the fact that most Americans simply are generally unaware of the whole topic, more specifically I think we have a problem from being in a real degree of denial about the extent to which both Kenyatta and Moi were tribalist and corrupt, and advanced the systems of tribalism and corruption, while we supported them for other reasons. Certainly a big part of my education from living and working in Kenya was the opportunity to have private conversations with Kenyans who would tell me about how bad things had been under Moi. Especially noteworthy were these conversations with citizens from the Kalenjin groupings in the Rift Valley.

Before going to Kenya I got too much information of tertiary importance about the history of political parties without the driving background of tribalism and torture and aggregate economic statistics without the same background. Nor was I well informed about the determinative modes of operation of Kenyatta, Moi and then Kibaki as leaders.

It seems to me that you have to understand and account for these things to understand the relative importance of a new constitution to the Kenyan people, as well as to understand something meaningful about the 2007 presidential election and the misconduct of Kenyan authorities, and the multiple different types of violence in different places in the wake of the stolen election. Then you can read the Waki Commission report on the post-election violence and make sense of the ethnic “body count” and the fact that slightly more of those killed who were identified by ethnicity were Luo than any other “tribe”, followed closely by Kikuyu.

The new constitution has given a sense of empowerment and opportunity in Kenya–but we have seen the chimera of reform before after the 2002 election. The United States and others have given themselves a lot of credit for the February 28, 2008 post-election settlement, but the agreements reached have seen a mixed record of performance so far. While the Waki Commission did a great service, no Kenyan tribunals have been created to prosecute cases from post-election violence. The Kreigler Commission abdicated the duty to assess the presidential election, while finding that the overall system and the parliamentary results were deeply flawed. The Truth, Justice and Reconciliation Commission has been aborted–trying again will require a significant new effort and extended time, while the next election looms.

So yes, this is exactly the right time to fully examine our role in the referendum campaign leading to the new constitution and our role in the 2007 election leading to violence followed by a settlement that has led to that referendum and to some other reforms, while others remain in limbo. With a better understanding of these last two elections we can make honest and informed decisions in a democratic manner about what our role should be now and in 2012.

And by the way, I understand that you still can’t buy “It’s Our Turn to Eat” in a Kenyan bookstore.

Congressman continues to probe USAID political spending on Kenyan referendum

A pro-life news service has comments from Representative Chris Smith (R-NJ) indicating that he remains dissatisfied after the Inspector General’s review of spending by USAID on the Kenyan referendum.Apparently USAID did not include on a timely basis the contract clause barring use of US Government funds for lobbying or advocacy of abortion in its contracts with democracy support NGOs and others working in relation to the Referendum.

The Obama administration has repeatedly come under fire from pro-life Rep. Chris Smith, a New Jersey Republican who leads the Congressional Pro-Life Caucus.

Smith has been concerned about a USAID report indicating the Obama administration spent $61.2 million related to the vote on the August vote on the new Kenya constitution. The report shows 12.6 million going to efforts to directly promote the pro-abortion constitution.

The constitution Kenyans adopted contained a clause making it so abortions would be legalized in any case in which medical professionals say it is somehow necessary for women.

As a result, the funding of groups promoting it appears to violate the Siljander Amendment — a federal law Congress approved decades ago that prevents the federal government from spending taxpayer funds promoting abortions in other nations.

Before the mid-term elections, Congressman Smith told LifeNews.com one of the consequences of Republicans taking over the House is the ability of pro-life advocates leading committees and subcommittees to the their powers to hold the Obama administration accountable on subject like this. He said the “investigatory and subpoena powers” the committees have would be useful in following up on the question of whether the Obama administration broke the law in funding the pro-constitution and pro-abortion groups.

Last week, he said the elections resulted in the victory of many new pro-life lawmakers who can support a potential investigation.

I have written previously that it is hard for me to see illegal lobbying for abortion in supporting the Kenyan constitution, but I have also noted that the Inspector General’s report indicates non-neutral spending to advocate for a “Yes” vote on the referendum. Aside from the disputed abortion language, this means that we did arguably interfere in the campaign and that we were, at best, less than straightforward about it. Congress should exercise its oversight authority to make sure that the American people do know what our government did in both the referendum campaign and in the 2007 presidential campaign.

Transparency is much needed in Kenya, and we need to teach by example rather than contradicting ourselves through our own practices.

“Electoral Fraud and the Erosion of Democratic Gains in Kenya” — James Long of UCSD Center for Study of African Political Economy presents new draft paper on Kenyan election

James Long with whom I worked on the USAID/IRI/UCSD/Strategic exit poll has more detailed study of fraud in the 2007 Kenya elections along with further discussion of the exit poll and its handling.

Read Long’s working paper as presented May 1 to the Working Group in African Political Economy meeting at Pomona College.

“An Important Day for Justice in Kenya” says Annan–more media coverage of ICC ruling

Scott Baldauf in the Christian Science Monitor raises the issue of whether Kenyan leaders are already working to undermine the ICC.

The Standard: “Ocampo gets nod to nail the ‘Kenya 20′”.


Daily Nation“ICC Judges order Ocampo to probe post-poll violence”.

Xan Rice in The Guardian: “International Criminal Court to investigate violence after 2007 Kenyan election”.

CNN: “Ruling Means Kenyan Leaders Could Face Charges”–Human Rights Watch says ruling could help Kenya “turn a corner”, stresses witness protection.

Kenya Broadcasting Corp: “ICC approves investigations into Kenya’s PEV” from Reuters.

ICC Authorizes Ocampo to Pursue Crimes Against Humanity

In a big win for the prosecutor, the ICC panel announced its ruling today authorizing Ocampo to proceed with investigation for potential prosecution of crimes against humanity in Kenya covering a period from mid-2005 through late 2009.

Perhaps this is the first major turning point toward reducing impunity for political figures in Kenya. Obviously the Kenyan Government itself needed to have taken action long ago, and the timing means this will be coinciding with these early phases of the 2012 election campaign–nonetheless, I am very pleased to see this happen as I know so many Kenyans are as well. Congratulations to all those who have worked very hard to see this day.

“Two years on, Kenya mediation success fails reality test”–“almost a perfect conspiracy against the Kenyan people”

NAIROBI (AFP) by Jean-Marc Mojon– In March 2008, Kenya’s reconciled foes were trumpeting ambitious reforms and the international community was basking in the glory of a rare African crisis-resolution success.
. . . .
“Something had to be done to end the conflict but perhaps it could have been better thought through,” said Mati, who heads the Mars Kenya Group political watchdog.

Kenyans’ faith in their rulers is at its lowest, the pledged reforms are nowhere to be seen and many argue that, as the government doubled in size to accommodate feuding parties, so did corruption.

Former UN chief Kofi Annan, the chief mediator two years ago, and the Western powers that helped him broker the accord are constantly reminding Kenya of its pledges and sounding alarm bells over impunity and resurgent tribalism.

On at least his fifth visit to Kenya since the signing, Annan on Friday again spoke of “concerns and frustrations”.

“The international community and the mediation team believed in this agreement more than the Kenyans did,” argued Tom Wolf, a Kenya-based governance consultant and pollster.

The incumbent President Kibaki was behind then opposition leader Odinga in opinion polls but surged past his rival in the final stages of a delayed and confused vote-counting process.

The internationally-backed commission probing the ballot claimed it could not determine a victor, Annan urged Kenyans not to dwell on the past and some Western diplomats admitted that knowing who won was the last of their concerns.

The feuding camps “were forced into marriage without opening the pandora’s box of the election’s real outcome,” Wolf said.

A US government-paid exit poll by the International Republican Institute gave Odinga the edge but was kept secret and a Gallup poll nine months later showed that only 25 percent of Kenyans thought Kibaki had won.

As a result, the basis of the power-sharing deal was perceived as being quite different by either side.

What was touted at the time as a 50-50 deal Prime Minister Odinga himself now bemoans as a raw deal, with Kibaki’s people holding the interior, justice, finance and foreign afffairs portfolios.

The dysfunctions of the coalition have been plain to observe since, culminating in Odinga sacking two ministers implicated in graft scandals last month only to see his move vetoed by Kibaki.

Wolf argued that the colossal reform wishlist the West slapped on the newly-formed coalition would be “overwhelming for any government, however unified and well-intentioned.”

“It was as if Western diplomats were trying to prove they were still relevant. The crisis made them look incompetent because they didn’t predict it,” he said.

One of them admitted to shortcomings and also highlighted an undesired side-effect.

“Given other instances in Africa since Kenya, I think we need to look at the message we sent,” said the diplomat on condition of anonymity, referring to political unrest in Zimbabwe and Madagascar.

“I think many authoritarian regimes could see the scenario as rather attractive: you want to stay in power so you rig the election, raise the spectre of ethnic violence and wait for a panicked international community to broker a power-sharing deal,” the diplomat argued.

Despite its poor performance over the past two years, the prospect of the coalition’s collapse following recent skirmishes is met with fear that ethnic strife could be re-ignited.

But Mati argued that while they may not manage to agree on substance, Kenya’s foes were happy to keep the shell as it is.

“The truth is that Kibaki won’t end it because it would end his presidency, Odinga won’t end it because it’s as prime minister he gets attention and the ministers won’t end it because they have ministries to run and loot,” he said.

“It’s almost a perfect conspiracy against the Kenyan people.”

“We are aware that over two million dead people voted in 2007” says US Undersecretary Otero in Nairobi

Lead from the Standard (and today’s most read on-line story):

A US official revisited the controversial 2007 presidential election when she said her country was aware two million dead voters were not weeded from the electoral register as pressure on reforms mounted.  US Undersecretary for Democracy and Global Affairs Maria Otero said America is aware that there were over two million dead voters whose names remained in the register and voted in 2007.   “We are aware that over two million people voted in 2007, so we will support the process of compiling a new voter register. At a time the whole world is watching Kenya, we want to be there with our support,” Ms Otero said.   She spoke on Thursday during a meeting with Prime Minister Raila Odinga in Nairobi where she affirmed the US pledge to fund the reform agenda, including new voter registration by the Interim Independent Electoral Commission.  Otero, who was accompanied by US Ambassador Michael Ranneberger, said America will support the IIEC with the ambassador saying they are putting together “a couple of millions of dollars” for IIEC.

One of the devilish inconsistencies here, of course, is reflected in what the State Department’s Africa Bureau had to say about the 2007 election in a new edition of its “Background Notes” for Kenya issued January 10: “On December 27, 2007, Kenya held presidential, parliamentary, and local government elections. While the parliamentary and local government elections were largely credible, the presidential election was seriously flawed, with irregularities in the vote tabulation process as well as turnout in excess of 100% in some constituencies.” The problem of course is that 2 million dead people didn’t vote for President alone–they also voted for Members of Parliament. The Standard article ties Otero’s remarks to the report of the Kreigler Commission, which noted large numbers of dead voters on the roles, among many systemic failures and basically found the whole process deeply questionable (while declining to excercise its mandate to investigate the presidential voting and tallying specifically–citing lack of time and resources as well as lack of feasibility–not so surprising perhaps from a Commission reporting to the Kenyan President, which met privately with the President before reporting, and that was funded by at least one donor who was not supportive of that mandate). You really can’t have this both ways. If the major problem with the 2007 elections was systemic then you cannot plausibly act like there isn’t a problem about who did and didn’t end up in Parliament vis a vis how actual live Kenyans voted or intended to vote.

This matters a lot right now when you have the Constitutional Review process seemingly taken over by a Parliamentary Commission. My personal opinion is that both sets of election problems are fully real: the presence of dead voters and all the other across-the-board systemic failures identified by the Kreigler Commission are substantiated; likewise, the observations and allegations of specific misconduct in the presidential race asserted by civil society and international observers and diplomats are also real. Thus, we do not have a legitimate democratic government in Kenya and the notion that the present coalition of convenience could effectively govern the country for a full five year term and actually deliver major reforms is wishful thinking.

In the meantime, the British High Commissioner warned of the potential for 2012 poll violence.

Vendor Raises Red Flag Over Voter Registry–Business Daily

See important story in Nairobi’s Business Daily Africa reporting on concerns raised by a major UK-based prospective vendor on the tender for software and services for electronic voter registry. In 2007 the ECK voted not to use the technology purchased to report the vote tallies from the constituencies to the central headquarters at the KICC (and the Kreigler Commission essentially let the ECK decline to produce their records regarding this crucial decision made just before the election.) Key Returning Officers turned off their cellphones to drop out of contact at the crucial times. A successful election does not require a $400M project with controversial new technology.

Kenya’s Kibera slum overflows with street art — latimes.com–Solo 7

Kenya’s Kibera slum overflows with street art — latimes.com

Feature on Solomon Munyundo, a.k.a Solo 7

Solo 7 — Toi Market

Solo 7–Kibera