One year out, do any Kenyans doubt that William Ruto would use violence to avoid being the first Kenyan president to be found by the Electoral Commission to have lost re-election at the polls?

I am too far removed from “the ground” in Kenya to be able to directly answer this question myself, but it is one that has to be asked by the UK and German governments leading this year’s democracy assistance “basket fund”, by all Kenyans of course, by foreigners and ex-pats working in democracy assistance or civil society efforts, etc.

To me, the factual underpinnings for any such belief (regarding election violence) seem conspicuously lacking from everything I know about Kenya, Kenyan politics, William Ruto specifically and his history since 1992’s re-election of Daniel arap-Moi when Ruto was a key KANU “Youth Winger”. That first multi -party and post-Cold War election was observed by the International Republican Institute (“IRI”) with funding from USAID after Moi rejected the request of George H.W. Bush’s Ambassador Hempstone to permit an International Election Observation Mission by the National Democratic Institute for International Affairs (“NDI”) and US democracy assistance involvement became a permanent feature.

Most recently the normal baseline of extrajudicial killings that appear to connect to issues of political power seems to be increasing. Again, I am at a great distance and not a source of facts or judgment about what Kenya’s main political players are doing just now, just a repository of the inconvenient context of recent decades in the lives of these men, their competition and their country (and mine).

Certainly for IRI, NDI and their funders at the National Endowment for Democracy the unique new context includes “January 6” which they denounced rightly and as was required of them at the time, with a new Trump II administration which “woodchippered” USAID, tried to eliminate NED, and has adopted the previously unprecedented practice of direct POTUS endorsement of some foreign presidential candidates on a seemingly ad hoc basis as to process, motive and timing.

Likewise the role of non-democratic actors in Kenya’s Presidential campaign will presumably be that much greater than in the past; those actors are unlikely to incentivize or pressure Ruto to adopt more thoroughly democratic norms.

Kenya 2007 election- Ambassador Ranneberger and Connie Newman at polling station Nairobi

While Washington grapples with another Kenyan election mess, an update on my FOIA pursuit of our policy from 2007

Still no more documents from USAID from my 2015 request for material involving our support for the IEBC in the 2013 election, from which I finally learned in April of this year that USAID had tasked the American International Foundation for Electoral Systems with making sure the electronic Results Transmission System that failed worked:  “IFES will ensure this system is fully installed, tested and operational for the 2012 election.  Furthermore, IFES will fund essential upgrades and adjustments to this results transmission system.” 

In the meantime my Mandatory Declassification Review appeal relating to a document I originally requested from the State Department more than eight years ago relating to the January 3, 2008 post-election telephone conference between U.S. Secretary of State Rice and E.U. High Commissioner Javier Solano is now more than a year old:

September 15, 2016

Re: Case No. M-2016-04563

Dear Chairman:

I am appealing the decision to withhold in full all material identified in Case No. M-2016-04563.

Because all information was withheld in the response to my original FOIA request, FOIA Case No. F-2009-07810 and this Mandatory Declassification Review request, I have not been given much ability to evaluate and argue the details of the withholding on appeal. It is difficult to believe that every bit of information in the identified document responsive to my requests has been and continues to be necessarily kept secret in the interests of national defense or foreign policy.

In particular I note that I requested documentation on the telephone conversation between former Secretary Rice and former EU High Representative Javier Solana based on media reports containing public communications about that call, the subject matter of which was as I understand related to public diplomacy regarding the Kenyan election. Both our country and the E.U. had undertaken assistance programs to support democracy in Kenya, including neutral International Election Observation Missions and I was an NGO employee as Chief of Party for the USAID-funded observation on the U.S. side. It would seem that U.S. interests and law would counsel a tilt toward openness rather than secrecy in this specific context and I ask for your consideration in this regard.

Thank you.