Kenya’s IEBC dangles “kitu kidogo” for political parties to avoid publishing election results

Kenya’s IEBC dangles “kitu kidogo” for political parties to avoid publishing election results
Counting in Nairobi suburb

The Star reported this week that the "IEBC wants political parties act amended". From the headline one would expect to read perhaps an article on some type of reform arising out of the failed primary elections early this year, or…

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At Easter, chicks come home to roost for U.S. for helping to underwrite impunity in Kenya; but “we” do not need Uhuruto

The United States looked the other way on a stolen 2007 election in Kenya. Even though our Ambassador himself saw the changed tally forms at the Electoral Commission in Nairobi. We supported a "settlement" that created a temporary prime minister…

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Why would we trust the Kenyan IEBC vote tally when they engaged in fraudulent procurement practices for key technology?

It has been clear for many months that the IEBC's procurement of BVR kits was irregular.  It is now quite clear that even after Kenyan civil society called the IEBC on the carpet on that problem, the IEBC engaged in clear misconduct…

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Election Observation as “Diplomacy or Assistance” continued–how I spent my pre-election Christmas in Kenya

In my Freedom of Information Act Series I have described how then-Ambassador Ranneberger got his predecessor, Ambassador Mark Bellamy removed from the International Republican Institute's Election Observation Mission shortly before the last Kenyan election, implying an objection to Bellamy from…

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Expanded: Didn’t we learn from the disaster in 2007? Kenya does not need to be anyone’s “model” anything; it does need truth in its election

One could get a certain sense of deja vu from Secretary of State Hillary Clinton's remarks in Nairobi this weekend about next year's Kenya election.  The theme, that Kenya has the opportunity to be a "model" for other countries in…

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Part Ten–FOIA Documents from Kenya’s 2007 Elections–Ranneberger at the ECK: “[M]uch can happen between the casting of votes and final tabulation of ballots and it did”

Westlands Primary-Line to Vote X

Another document released to me from my FOIA request to the State Department for documentation of the State Department observation of the Kenya elections is a cable from Ambassador Ranneberger from January 2, 2008 reflecting what he witnessed at the ECK. This was primarily declassified, with a few redactions.

Here are key excerpts, which deserve to be read carefully by those preparing to try for better elections this time.  It pretty well clarifies what Ranneberger saw as a credentialed observer at the ECK, and what he wanted to do, or not do, about it.

2. As previewed in ref B, much can happen between the
casting of votes and the final tabulation of ballots and it did.
This message recaps developments reported in refs, provides current
state of play, and discusses next steps. Much of our reporting
during the past three days has been done by phone given our
intensive focus on operational issues, particularly efforts to
promote a positive outcome to the election imbroglio.

3. Elaborate procedures were in place (much of it with U.S.
support) to ensure transparency and accountability of the ballot
tabulation process. . . .

5. ECK officials and observers pursued these
allegations to some extent, but the ability to do so was
constrained by lack of time, original data from polling
stations, and by the behavior of a number of ECK officials
who delayed returning results and submitted incomplete or
clearly altered documentation. Moreover, the ECK has no
authority to open ballot boxes; only the courts do. During
the night of Dec. 29, ECK officials together with
representatives of the PNU and ODM, reviewed the tabulations,
but neither side was satisfied that the review had fully
addressed their concerns. The ECK partial review of the
irregularities was also of questionable credibility, given
that all of the commission members were appointed by the
Kibaki government, and a number of them were suspected of
being clearly biased and/or involved in doctoring at ECK
headquarters. The Chairman of the ECK, Samuel Kivuitu, who
was widely respected, was surrounded by staff of uncertain
reliability and competence. It is worth noting that
parliamentary results were not disputed because they were
tabulated and announced at constituency tabulation centers,
thus allowing no interference at ECK headquarters.

6. Kivuitu has only limited authority as head of the
ECK. The ECK works on a majority vote system. It is also
important to note that the ECK is required by law to announce
the results as received at the ECK from the tabulation
centers. Some obvious irregularities like reporting
unrealistically high turnout or clearly altered results can
be rejected. There was, however, only a rejection of the
results in one constituency in which violence resulted in
destroyed ballots. Other alleged irregularities, such as
announcing results that ECK personnel personally inflated
should have been, could have been, but were not corrected. At
one point Kivuitu told me that his concerns about the
tabulation process were serious enough that “if it were up
to me, I would not announce the results.” In the end, he
participated with other commissioners in an announcement late
on the 30th, which turned rowdy when Odinga walked with armed
bodyguards into a room packed with observers, including me,
party agents, and media Kivuitu and the other commissioners
retreated to their upstairs offices, where the results were
announced. Kibaki was quickly sworn in (this was (more…)

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