A few thoughts on Kenya’s presidential debate

Even though I’m committed to not attempting to “cover” the Kenyan presidential campaign remotely, yesterday’s debate was one of those big moments in various respects that begs some comment from anyone writing about Kenyan politics and governance.

As far as the election itself, I don’t expect a major impact from the debate or anything specific said. Most voters have made up their minds during the course of the two and a half years that the campaign has been the primary focus of Kenya’s pols. The biggest election variable I would expect would be turnout and neither of the two contenders who could actually win at the end of the day stumbled badly enough or scored enough points in this debate to have a dramatic effect.

Several things stand out for me, however. First is national pride. There is a sense of “joining the big leagues” and capturing an international stage as a modern democracy that Kenyans take pride in here. Sports has been the most similar national rallying point otherwise, and the London Olympics was a disappointment so it is good to see Kenyans have a point of positive recognition as Kenyans. Unfortunately, it comes so late in the campaign that the opportunity for this positive spirit to make a major difference in the preparation for voting and the more general groundwork for the election is limited. Tensions are already high because the realization is sinking in that the election is a big challenge and there will be some problems.

From talking to friends in Kenya and following things I do believe that there is some real value to the determination of many Kenyans to try to prevent the country from being perceived to make a negative spectacle of itself through violence and it makes sense to me to hope for some incremental benefit to this sort of positive pre-election publicity. Nonetheless, the overall amount of election-connected violence in the year before the vote was lower in 2007 in some respects, and people voted very peacefully and in large numbers. When violence occurred after the vote, the vast majority of Kenyans, especially those who actually voted, did not participate. So I don’t think you can measure the risk of violence by the overall sentiments of the population. Energy is much more wisely spent on preparation than prognostication.

A related point to me is that this debate simply shows the world the level of technological and economic development that exits in Nairobi, particularly in the media. The country was very much ready for this in 2007, and in some ways it seems more surprising that this didn’t happen in 2007 than that it did in 2013. More than anything it reflects, to me, the different dynamics of not having an incumbent seeking or planning to stay in office.

The second major impression for me was how the debate showed the disfunction of Kenya’s political parties at a national level. Without established major parties of some coherence other than as platforms for individuals, we end up with six candidates, then eight by court order at the last minute, and almost all the post-debate discussion centered on the contest for power among the individuals or the event of having the debate itself, rather than on anything of real substance about what one candidate believably could accomplish versus another. Congratulations are due more to Kenya’s media than to the political process or the candidates or parties it seems to me.

Some of the other things commented on widely were less significant to me, perhaps because my expectations of what could be possible in Kenya are higher. Martha Karua on stage was not a big moment in my book. She will rank significantly less of a factor in 2013 than Charity Ngilu did in 1997. Karua’s big moment in national leadership was her role as Kibaki’s lion(ess) facing off with Ruto at the Kenyatta International Conference Center December 28-30, 2007, and facing off with both the ODM side and Kofi Annan in the (generally unsuccessful) mediation afterwards prior to the February 28 post-election settlement signed by Kibaki and Raila. She is a strong capable female lawyer, but she doesn’t have an obvious constituency as a candidate for president of Kenya at this point and I don’t see her presence at the debate or her fortunes in this election as a proxy for the general status of women in politics in Kenya.

More striking is the idea of someone facing ICC trial for “crimes against humanity” this spring on stage on an equal footing and an understood stature as one of the two candidates who could become president. That to me is the greatest novelty of this debate.

[Update: See “What we learned from Kenya’s first ever televised presidential debate” at Africa is a Countyespecially for a fun list of tweets from watching the debate in livestream.]

[Updated] International Crisis Group releases key up-to-date guide to Kenyan election preparations

Toi Market-Nairobi

Update– the Associate Press reports “Analysts: Political Party Polls in Kenya a Failure”:

Political party primaries to select candidates for Kenya’s March national elections have been fraught with irregularities, disorganization and disgruntled losers, increasing the chances of conflict during the upcoming vote, analysts said Friday.

That’s bad news for those trying to avoid a repeat of what happened after Kenya’s 2007 elections, when a dispute over who won the presidency led to weeks of violence that left more than 1,000 people dead. The primary voting this week did little to instill confidence that officials are ready for another national vote.

.  .  .  .

Kennedy Masine, an official of the local Election Observer Group, described Thursday’s attempt to hold nominations as a “phenomenal failure.” . . .]

I’ve now finished an initial reading of the ICG report released yesterday entitled “Kenya’s 2013 Elections.”  It’s an important resource for two key reasons: 1) it is strikingly up to date for this kind of thing, with lots of new information, including footnote references for events even this week; 2) it is relatively comprehensive, covering a lot of ground in substantial detail.  It gives fair, sober assessment of the status of the major areas of reforms that were identified as needed in the wake of the disaster in 2007-08.  I hope it will be updated quickly once things shake out further with the primaries over the next few days.

In fact, you could take this report and prepare a “grade card” for implementation of the “reform agenda” over the course of the Government of National Unity.  Without being cynical or fatalistic, it would simply have to be quite low so far.  Regardless, by gathering a lot of the information that a lot of us have been thinking about in various areas in one place, the report could also be used as a road map to realistically “play to strengths” in the terms of the existing Kenyan institutions and develop last minute contingency plans and “gap fillers” in those areas where reforms and preparation are clearly going to be getting an “incomplete”, such as policing.  Surely it is clear by now that there need to be plans in place for how to provide extraneous security support beyond the Kenya Police Service in the event of a crisis triggered by major failure of the election itself.

Here is the Executive Summary with a list of recommendations.

An interesting point of reference is the NDI Kenya Pre-Election Mission of May 2012, to see what has been accomplished and not accomplished in the meantime.

Jamhuri Day, Christmas and the Year Ahead

Happy Jamhuri Day to my friends and readers in Kenya (and Kenyans in the diaspora–even if you don’t get to vote this time!).

FRESH TEA
Fresh Tea

It has been a week since my last post, even though so much is happening on a day to day basis with the Kenyan election and lots of other news in the region–this reflects a few different things.  For one, perhaps what we could call a “Christmas armistice”.  I live in a peaceful place, and I am enjoying the “festive season” here with my family and am committed to a less digital Christmas.  We’ve survived another election here in the States (in spite of ourselves) and there are a several weeks left in the campaign in Kenya and this is a good time to step back a bit.  In particular, for my family, this is the last Christmas before my daughter goes off to college.  I took my son, our youngest, to get his driver’s license yesterday.  These are the things that can’t wait (and that are uniquely my responsibility).

For another, I have been at this blog steadily for three years.  It’s been through various evolutions and trends and this is an appropriate time for reflective recalibration about what I want it to be going forward.  And in the meantime, there are 601 posts out there for those interested.  And too many of those are just “news” and not real writing, and I do know that I want to get back to “better” rather than “more”.

A third is that I have both new freedom, and new constraints that I need to adjust to.  When I started this blog, and for the first two-and-a-half years, I was a lawyer in the defense industry.  For this reason, I always needed to keep a strong separation between my blog and my professional life.  When I attended the African Studies Association or participated in a “bloggers’ roundtable” at the Millennium Challenge Corporation I was on vacation from my job and generally didn’t talk about it much (both awkward and expensive).  When I was living in Kenya and working for the International Republican Institute I kept entirely away from the job from which I was on leave back home.  Now that I am an independent lawyer, I can synthesize what I know from my prior legal experience and otherwise what I do for a living with the blog to whatever extent I chose, so this is easier.  At the same time, I am also now available professionally as a consultant in matters involving East Africa and have accepted some work, so I need to avoid any conflicts arising out the transition from being purely an avocational commentator.

One thing I have reflected on this past week is the issue of how much is similar and how much is dissimilar between the 2007 campaign in Kenya and the 20012/13 campaign.  All of the major players are the same, although Kibaki will be transitioning from President to “retired President” as Moi is called, and is thus not a candidate himself.  I did get somewhat acquainted at that time and in that environment with Raila and Kalonzo and Mudavadi, and did meet Ruto although never sat down with him.  Uhuru and Dr. Willy Mutunga, who was then at the Ford Foundation and is now Chief Justice, were the only people that ever turned down a meeting request on my behalf when I was IRI Director (a nice symmetry in terms of KANU/Establishment versus Civil Society/Activist roles) so I do have some real sense of many of those involved.  On the other hand, a lot has changed in Kenya, for better and worse, since 2007/08.  So although I know much, much more about Kenya from what I have done from here since I moved back, I don’t want to fall into the trap of relying too much on past experience.

One thing this adds up to is that I do want to write more about “democracy promotion” or “assistance” as a subspecies of “foreign aid” in Africa beyond just the current and most recent past campaign in Kenya.  I also want to do more with East Africa as a region in interacting with the United States–I drafted a “year in review” summary regarding IGAD for a bar committee I am participating in which reminded me of interesting things to explore about how domestic politics in Kenya and in the U.S. will influence cooperation and integration among the East African and HOA states. And then there is Somaliland, which is near and dear to my heart, but I am very cautious in writing about.

For now, I’ll leave you with a few links:

“Uhuru Kenyatta did NOT donate 85 million to Mitt Romney’s campaign” says The Kenyan Daily Post.

Alex Thurston in the Sahel Blog: “Amb. Susan Rice as a Window into U.S. Africa Policy, 1993-Present”

Whither Somalia”–Mary Harper, Bronwen Bruton at USIP

List of Kenya’s Presidential aspirants on Social Media

From the Sunday Nation, the list of Kenyan Presidential aspirants using social media:

Presidential aspirants Raila Odinga, Uhuru Kenyatta, Kalonzo Musyoka, William Ruto, Martha Karua, Charity Ngilu, James ole Kiyiapi, Kingwa Kamencu, George Wajackoyah, Peter Kenneth, Raphael Tuju, Musalia Mudavadi, Cyrus Jirongo, Eugene Wamalwa, and Moses Weteng’ula are now using websites, blogs, Twitter, Facebook and You Tube to directly interact with voters. Only David Maillu has no Facebook or Twitter account.

 

In the 2007 campaign and aftermath, blogs were a significant source of information and advocacy, but not generally officially associated with campaigns, and SMS text messaging was widely used; otherwise, this is a big shift in how candidates and campaigns can reach, persuade and organize potential voters, especially through mobile internet.

Daily Nation reports that USAID Inspector General has found that US funding did go specifically to encourage “Yes” vote on referendum

Wednesday, the inspector general said the funds were channelled through USaid to eight organisations either based in Washington, Rome or Nairobi which in turn contracted 86 local groups involved in the ‘Yes’ campaign led by President Kibaki and Prime Minister Raila Odinga.

Responding to questions sent by the Nation, the USaid inspector general said: “We did find evidence that USaid specifically spent taxpayer funds to encourage a ‘Yes’ vote.”

The inspector general said Sh1.1 billion ($12.6 million) of the total amount was used to finance activities directly related to the referendum.

“USaid found no evidence that any of this money was spent specifically to lobby for or against abortion,” an agency official said in response to a list of questions.

The USaid’s review did not take a position on whether that law was violated. “We consider this to be an unresolved legal issue this office lacks the authority to decide,” it said.

Mr Smith dismissed the findings and said he has asked the Governmental Accountability Office, a watchdog agency, to investigate afresh.

The full Saturday Nation lead story on the Inspector General’s findings is here.

Quentessential Stories on the State of Politics in Kenya

What an inconvenience it is for many of Kenya’s leading politicians to find themselves nominally on the same side of the Referendum campaign. It isn’t stopping them from fighting about the real prize, the presidency in 2012, but surely it will be a relief when the distractions of dealing with whether or not to have a new constitution are over and done with and the main event can proceed apace. “Referendum: Chopper stoned as “Yes” rivals face off” from the Nation.

“Hell breaks loose in Government” from the Standard: more evidence that Kenya’s politicians just don’t get it. And it’s not that they need “training” or “education”–they are sophisticated and well educated, they know the score; rather, they would need to care. Since they don’t, the better approach would be to allow the citizens to decide who to elect next time. I think the new constitution will be approved in substantial part because the voters are not satisfied with the current leadership and see an opportunity for incremental improvements. But let’s have a real count of the votes this time.

Update: NCIC Warns of Violence in “Hot Spots” from the Star via Mars Group.