Kenya’s President Lost Disputed Election, Poll Shows
NAIROBI, Kenya—An exit poll carried out with a grant from USAID in Kenya after elections six months ago that unleashed a wave of political and ethic killings, disclosed that the wrong candidate was declared the winner.
President Mwai Kibaki, whom official results credited with a two-point margin of victory in the December vote, finished nearly 6 points behind in the exit poll, which was released in July by researchers from the University of
California, San Diego.
Opposition leader Raila Odinga scored “a clear win outside the margin of error” according to surveys of voters as they left polling places on Election Day, the poll’s author said.
The exit poll was first reported on by the McClatchy news agency. It was financed by the International Republican Institute, a nonpartisan democracy-building organization, with a grant from USAID.
Amid post-election violence, IRI decided not to release the poll. But the poll’s authors and the former head of the institute’s program in Kenya stand by the research, which the authors presented July 8 in Washington at the Center for Strategic and International Studies. In the exit poll, Odinga had 46.07 percent of the vote and Kibaki had 40.17
As the ICC proceedings play out, understanding the 2008 post election violence and evaluating the role of the parties, including the international actors, requires addressing the conduct of the incumbent Kenyan administration in the election itself.
In my estimation, those of us who observed the election in Nairobi watched as the vote tally was hijacked in a shockingly blunt manner. If this election could not be labelled as stolen, the question has to arise as to whether any election in Africa, as opposed to in Europe, Asia or the Americas, could ever be so labelled, in a context in which diplomatic actors valued “stability” as a key interest. Nonetheless, some who came to Kenya after the election, both from Washington and South Africa, have continued to suggest that the theft of the election may have been only a “perception” from ambiguity, or even asserting that the election was not “rigged” at all.
Because the truth matters in understanding the violence, and in preparing for the future in response to the Chairman of the current IEBC who has labelled the 2007 opposition as mere “sore losers”, I am going to devote much of my attention in the blog this year to articulating “the rest of the story” as I know it, as I continue to wait for release of additional public records under the Freedom of Information Act. I will dedicate these posts to my late friends Dr. Joel Barkan and Dr. Peter Oriare, who worked for a better process.
To begin, let me post here an August 4, 2008 e-mail I sent to Mike McIntire, the investigative reporter for the New York Times who contacted me on July 31, 2008 for an interview about the International Republican Institute exit poll which remained, as of that date, unreleased as allegedly “invalid”:
After having some time to reflect on our conversation, I thought it might be useful to emphasize a few points in reference to what we talked about and the documents I have provided:
1. Prof. Joel Barkan at CSIS was our primary (indeed only) Kenya expert on our Election Observation Mission. Professor Barkan was independently identified by IRI to be invited based on his stature as an expert and was also one of those specifically recommended/requested by the Ambassador. Prof. Barkan had headed the Democracy and Governance program for USAID in Kenya during the 1992 elections when IRI conducted a very large USAID-funded observation mission and knew Sheryl Stumbras at USAID and the Ambassador well from his work in Kenya .
2. I got acquainted with Prof. Barkan in the lead up to the observation by e-mail as he offered suggestions, and my discussions with him during and immediately following the election were very influential in forming my own opinions about the nature of the evolving situation with the ECK and the electoral tally and the appropriate handling of the exit poll.
3. Prof. Barkan and I were in agreement that IRI was causing a situation in which it was generating unnecessary controversy and likely embarrassment by refusing to release the poll results on the presidential vote on an ongoing basis.
4. Prof. Barkan was impressed with the methodology of the poll and vouched for the work of Prof. Gibson/UCSD.
5. Again, the decision to involve UCSD pre-dated my arrival to manage the Kenya programs. To my understanding, there was never any question that the point of UCSD’s work was to create data that would be relied on and published–no later than the expiration of IRI’s exclusive right to publicity for the first 180 days. It was also my understanding that IRI was pleased to have Prof. Gibson and UCSD involved because of their strong reputation.
6. With the blessing of IRI Washington, including the press office, I had provided data from the IRI September 2007 public opinion survey to Tom Maliti of the AP in Nairobi for work he was doing on tribal issues as a voting factor. My discussions with Tom and the data were inputs for a story he wrote for the AP that fall linked on the media section on IRI’s website. Tom later asked if IRI would be doing an exit poll as we had done in 2002 and 2005 and I confirmed that we were. It was my understanding that we would have to decide WHEN and in what forum, not IF, the results would be released. [If anyone had asked, I would have been of the opinion that given the way things work in Kenya , we would have to expect the poll results to leak regardless.]
7. The Daily Nation ran a story, I believe the day before the election, in which our pollster, Peter Oriare of Strategic, discussed the fact that Strategic would be conducting an exit poll for IRI. While this was not something that I had authorized or been involved in, I did not consider it to be any type of violation of our relationship or against any wishes that I had conveyed to Strategic.
8. I think it is important to look at the exit poll situation in the context of IRI’s Election Observation Mission Final Report which has now been published as a printed booklet (they FedEx’d me a copy with a cover letter from Lorne in mid-July). The report, which I had the opportunity to provide input on, working with my staff in Nairobi on early drafting and through later editorial input on into April when I was doing follow-up work such as the internal exit poll memo of 4-20 that I sent you, is very explicit that IRI found that “after the polls closed and individual polling stations turned over their results to constituency-level returning centers, the electoral process ceased to be credible”. Likewise, the report states that “To date, there has been no explanation from the ECK as to exactly how or when it determined the final election totals, or how and when that determination was conveyed to President Kibaki to prepare for the inauguration.” The report also notes “. . . the obvious fraud that took place during the tallying of the presidential race . . . ” The Executive Summary states: ” . . . IRI has reason to believe that electoral fraud took place and condemns that fraud. The rigging and falsifying of official documentation constitutes a betrayal of the majority of the Kenyan people who peacefully and patiently waited in long lines to vote on December 27.”
9. It should be recognized that between the time that Kibaki was quickly sworn in and the announcement of the initial agreement at the end of February in the Kofi Annan talks that led to the formation of the GNU in April, there were clear indications that Kibaki and his supporters were using the time to attempt to consolidate power. Initial efforts toward mediation from other African leaders, including Bishop Tutu were dismissed, key cabinet posts were filled unilaterally, etc. Even with Annan talks, the Kibaki position on behalf of the “Government of Kenya” was that it was something less than actual mediation.
10. To this day, there has been nothing done to reform the ECK and there has been no accountability for the misconduct discussed in the IRI EOM report. As best I can tell from what I have read about the hearings conducted around the country by the Kreigler commission, the situation remains one in which partisans of the PNU side argue that there was rigging and misconduct on both sides, that it was as bad in Nyanza by ODM as by PNU in Central and that the ECK decision was appropriate, while partisans of ODM argue that the election was stolen. Because “the ECK is not an independent institution and is subordinate to the executive branch of the Kenyan government” [Finding 1 from the IRI EOM report] the IRI exit poll is the best source of actual disinterested data available under the circumstances.
11. To my understanding, I was charged with managing a foreign assistance program that was intended to be for the benefit of the Kenyan people, funded by USAID, but managed by IRI as an independent NGO. To me, this is something entirely different than something the State Department would do on its own for its own internal purposes–although in that case they would still need to be accountable to the American public and Congress.
12. I think we did a pretty good job with limited resources on the actual election observation. I think we did a pretty good job with the exit poll, too. On balance, my experience as Resident Director of the East Africa office was good, with the exception of the specific situation that arose about the exit poll–just as I had had a positive experience as a volunteer with IRI in Central Asia that led me to be interested in making a bigger commitment to go manage IRI programs in Kenya on leave from my primary career. IRI is a fairly small organization in some ways, but they work all over the world, with programs large and small–ours in Kenya was a small one. As best I know, the program in Kenya had a good reputation and had done good, albeit limited, work in Kenya , over a period of years, due in greatest part to the Kenyans on the local staff. This is not anything like what may have happened in Haiti where the program itself may have gotten out of bounds (and in fact I was told that my successor could not be a member of my local staff because of policy in place as a result of that kind of past experience requiring expatriate leadership in the Country Director position). Whatever happened in Washington regarding the exit poll was a departure from my expectations and experience with IRI otherwise.
13. I am told that things have been “different” in IRI recently by people who have been around the organization for awhile, and it is frequently attributed to a hypersensitivity to the situation where John McCain as the long-time Chairman of the Board has been a leading presidential candidate and then the presumptive Republican nominee. This was something that I did not think about in the context of deciding to take the Kenya position at this particular time (and in the spring of 2007 McCain didn’t look very likely to be the nominee anyway). Another twist in regard to Kenya is Obama’s background there and most recently, the things that are circulating against Obama within the “religious right” regarding some notion that Obama was somehow involved in conspiring in Kenya with Odinga on behalf of Muslims against Christians in the context of the Kenyan election and in the context of the post-election violence–laid against a backdrop in which the policy justification for the State Dept. to support Kibaki would presumably tie into the “extrodinary rendition” controversy and more generally the notion that Kibaki has been an ally of the US in sealing the border with Somalia after the engagement of the Ethipian troops to attempt to restore the TFG and otherwise in anti-terrorism efforts, as well as in regard to other regional issues.
14. Ironically, IRI’s mission in Kenya has to a significant degree focused on working to bring minorities, in particular Muslims [the program is primarily funded through NED as opposed to the specific agreements with USAID for the EOM and the polling], into the mainstream of democratic governance. The most striking difference between the voting reported in the IRI exit poll, and what was reported by the ECK is the opposite outcome in North Eastern Province –by the ECK’s reckoning, Kibaki won in a landslide–in the exit poll, Odinga did. I am no expert on that part of the country, but we did do training for candidates in the province in Garissa, the largest town, and in Mombasa for others in the region, and my expectations would have been much more consistent with the exit poll results than with the ECK tally. Given the requirement that a presidential candidate has to get more than 25% in five of the eight provinces, the NEP vote looms larger than it would based on its limited population in a strict nationwide popular vote.
Update: Here is the podcast link for a very interesting conversation on Wednesday on CBC’s The Current with Eric Bjornlund, President of Democracy International, along with Professor Susan Hyde of Yale, on “The Ethics of Observing Egypt’s Presidential Election.” I think it ultimately comes down to simply calling it as you see it. The ethics of “observation” are thus very different than the norms of diplomacy; Democracy International seems to have done a fine job– saw and were willing to say that the process was not genuinely democratic.
Professors Clark Gibson, James Long and Karen Ferree have now published an article from their 2013 Kenyan election exit poll in The Journal of East African Studies.
I have long been convinced that one of the reasons for the “tribal” tensions among Kenyans is the ability of Kenya’s political elite to manipulate access to information to manipulate public opinion.
Now that we have the Carter Center final report ultimately acknowledging that the 2013 election cannot be counted on to have fully reflected “the will of the Kenyan people”, and when we see how much more divided Kenyans are by “tribe” and politics than they were before the failed election of 2007, I want to revisit my past suggestion that the Kenyan wananchi need to be told the truth about what happened in the 2007 election.
Continuing obscurantism about the facts of the 2007 election debacle feeds continuing obscurantism about the post election violence and feeds impunity. Everything is just a “controversy” and no one is accountable for anything. And whoever holds governmental power in Kenya can largely define the narrative to their own ends–and now we see them acting aggressively to seek further control of the media and to shut down independent voices in Kenyan civil society (for latest, see “Win for NGOs as funds Bill rejected”).
Readers of this blog will know that I learned eventually through my FOIA requests that our Ambassador in 2007 himself witnessed the tally sheets being changed at the Electoral Commission of Kenya headquarters to give Kibaki the necessary numbers. (“Part Ten–FOIA Documents from Kenya’s 2007 Election–Ranneberger at the ECK: “[M]uch can happen between the casting of votes and final tabulation of ballots and it did”).
Readers of this blog will also remember, I hope, that we have learned from The Daily Nation that the State Department subsequently, in February 2008, issued “visa warning” letters to the Deputy Chairman and two other Commissioners of the Electoral Commission of Kenya “suspected of accepting bribes to fix election results tally at ECK Headquarters”. Also, as I have noted, a senior third country diplomat told me in January 2008 that his country had learned separately of large bribes to ECK personnel and I cannot imagine that this evidence was not shared with the State Department.
Whatever the motivations of those involved in keeping the facts hidden at the time, they are no longer relevant now–better late than never in telling Kenyans what we know.
IFES, the International Foundation for Electoral Systems, hosted the latest round of its “IEBC goes to Washington” events with Chairman Hassan on June 12–this one purporting to discuss “lessons learned” from the March 4 election (link to webcast). A key lesson for the Kenyan government so far appears to be that if you sit on the election results long enough you can outlast the observers and the donors will pat themselves on the back anyway.
I didn’t make the trip to Washington for this event, in part because I don’t think the event should have taken place until after, at a minimum, the election results were released, if not other basic information we have all been waiting for. I did watch on-line. Here is my take:
My impression was that the objective of this event was indicated by the introduction and the conclusion. These were extravagant conclusory statements from IFES CEO Bill Press about what a great success the Kenyan election was and what a great job the IEBC and its chairman did (and by implication of course IFES). Otherwise, there was just nothing new here. IFES’s Country Director Michael Yard gave a sober reminder of all the many things associated with basic electoral reform, like campaign finance laws, gender balance,etc. that remain undone–as he cautioned back in April 2012 with Hassan in Washington about the challenges of trying to do too much in too little time in introducing technology. The Washington triumphalism is “tone from the top” stuff that I haven’t heard from Yard or anyone else at IFES and I don’t doubt that everyone involved in actually working on the programs in Kenya did their best to avoid the kind of mess that actually came to pass.
From Press’ argument, the reason this was all a great success–end of story–without even having results released three months later, is that “Kenya didn’t burn.” If I were a Kenyan I would be a bit offended by that. First of all “Kenya” didn’t “burn” last time–there was major violence in some places, including arson by militias, major sponsors of which, based on the confirmed ICC charges, got together this time. Kenyans of all tribes and persuasions were chastened by the post-election violence last time. Because of the experience, religious and community groups, civil society and the international community invested heavily in peacebuilding and conflict warning and resolution approaches. Threat of further ICC prosecutions hung over the key political actors that used violence last time. Thanks to a ruling by Speaker Kenneth Marende in Parliament and the High Court at the time, after passage of the new constitution in 2010, a new Chief Justice was appointed who was acceptable to the opposition as well as to the President, giving the opposition some hope in going to court after the IEBC ruling that the Uhuruto ticket had reached 50.07%. The Government of Kenya heavily deployed military, paramilitary and police force, especially in areas most supportive of the opposition, and the new Inspector General (chief) of police announced a ban of political assembly and peaceful protest, irrespective of the constitution–while gangs patrolled many of the slum areas. The biggest number of people killed last time were shot by the police, as reported by the Waki Commission. Last time the shoot to kill policy was unexpected; this time it was understood in advance. People stayed home after voting for many reasons that do not constitute an endorsement of the work and conduct of the IEBC.
Saying that the IEBC did a “great job” because “Kenya didn’t burn” is part of what I mean about having lower standards for elections in Africa–sorry if it’s impolite to notice.
The obvious question, of course, is that if Kenya not “burning” warrants so much public chest beating this time, should we include public discussion of “lessons learned” or any accounting or apologies for last time when so many people were killed and maimed?
Meanwhile back in Nairobi, the election results are being missed.
The Star: “Raila wants IEBC results released”:
“If indeed the IEBC conducted a free and fair poll, why is it delaying the computation of the election results three months later? They should announce so that we know what TNA, ODM, Wiper among other parties got,” Raila told the crowd at the Kabiro Primary School.
The Supreme Court on April 9 upheld the IEBC declaration of Uhuru as the winner after Raila’s Cord challenged the outcome of the presidential election.
The court ruled that the process was within the law and that Uhuru had been validly elected as the president.
Raila’s sentiments come against the backdrop of divisions within the IEBC over the computation of the results. An IEBC commissioner, who did not want his identity revealed, told the Star that the final figure was to be released before the end of last week but the disagreement among them had caused the delay.
The figures, according to the commissioner, were to be finalised before presentation of budget estimates to the parliamentary committee.
Whereas some commissioners want the the process finalised, others want the section of the Political Parties’ Act providing for the computation of results amended to give the commission more time. Those pushing for the amendment want the parties to share the monies on the basis of their representation in the Parliament and the county assemblies.
According to the commissioner, the variation of the results between the presidential and other positions was “irreconcilable”.
“The IEBC was to release the results before the end of the week but the huge variation between the presidential results announced on the 9th of March this year and the other positions combined is the source of the headache,” the source said.
- It’s mid-May, do you know where your election results are? (africommons.com)
- Kenya’s IEBC dangles “kitu kidogo” for political parties to avoid publishing election results (africommons.com)
- Kenyan Parliamentary committee summons registrar of parties; issues include failure to publish election results (africommons.com)
- IEBC accused of bias in petition against Wambui (nation.co.ke)
- Orengo challenges IEBC over poll funds (nation.co.ke)
The Kenyan election was held on March 4. It is now May 16. Here is the link to the website of the Independent Electoral and Boundaries Commission. The IEBC announced its final presidential tally on March 9 and formalized its announcement of the identified winner on March 10.
Can you find on the IEBC website the election results for President, Governor and National Assembly?
The United States spent many millions of dollars on these elections, including for observation efforts through the Carter Center and ELOG through NDI. Likewise the European Union funded the EU Election Observation Mission. The United States and other donors provided many millions for the activities of the IEBC itself through IFES. And of course Kenya spent many of its own millions.
Yet, we have so much less information available from the IEBC now than we did from the disgraced and disbanded ECK in 2008.
So what is the IEBC waiting for? And where are the observers?
Is there some reason that the IEBC fears publishing the results? Could it be because the results show a huge and implausible “overvote” in the presidential race as compared to the number of votes cast in the other five elections at each polling station (and thus, ward, constituency and county)? Did ELOG, the Carter Center or the EU EOM see large numbers of Kenyans cast ballots for president and spoil or discard their ballots in the other five races?
- Thoughts on Kenya’s Supreme Court opinion (africommons.com)
- African Great Lakes Initiative releases report on observation of Kenyan election (africommons.com)
- AfriCOG’s Seema Shah asks in Foreign Policy: “Are U.S. election watchdogs enabling bad behavior in Kenya?” (africommons.com)
- IEBC ‘cannot afford’ Sh380m legal fee (capitalfm.co.ke)
Freeandfair Kenya on March 11, 2013 at 11:14 am said:
The most publicly available check on the elections — the Parallel Vote Tabulation done by ELOG did everyone a disservice by saying their results were “consistent” with the IEBC’s. This makes it sound as if it supported the IEBC’s count. It does nothing of the kind. See http://www.ndi.org/files/Kenya-ELOG-PVT-statement-030913.pdf. Not only do they find that Uhuru received 49.7% of the vote, they have a margin of error of 2.7%. This means that MOST of their prediction is for a RUNOFF. A tragic, incorrect, and unprofessional use of terms.
This was a comment in response to my post “Overall Observation on the Observations”–this is important and apparently there has been some confusion.
“It will not be easy running a government while away as compared to from State House, but we ask Kenyans to exercise their discretion and vote as they want,” said NCCK Secretary General Rev Canon Peter Karanja yesterday after a two-day meeting at the Jumuia Conference and Retreat Centre in Limuru.
The High Court is due to rule tomorrow if Uhuru and Ruto are eligible to contest the presidency on grounds of integrity. “We ask for the law to be followed as we await the court ruling on Friday,” he said.
The press conference was attended by the NCCK chairperson Rev Canon Rosemary Mbogoh, deputy secretary Oliver Kisaka and Zion Harvest Mission Bishop Nicolas Oloo.
The council condemned the recent criticism of diplomats who stated last week that there will be “consequences” if Kenyans elect Uhuru and Ruto as president and deputy president.
“NCCK appreciates the interests of the foreign missions, European Union and African Union, because they helped us when the country went haywire and it is not fair to ridicule them,” he said.
The NCCK statement warned against tribal balkanization, called for more voter education by the IEBC, urged politicians to focus on issues, and asked President Kibaki to gazette the new National Land Commission.
CapitalFM: “KNHCR slams Truth Commission as Sham”. The official Kenya National Human Rights Commission denounced the failure of the Truth and Reconciliation Commission established as part of the settlement following 2008’s post-election violence to produce and release a report ahead of the March 4 election. The report was due by 2011.
Wycliffe Muga’s column in The Star this week, “Why There Will be No Violence,” explains his optimism:
. . . .
Actually, I am pretty sure that it won’t happen again. This election is going to be totally different from the 2007 one in three crucial respects:
First, we have an electoral body which only came into being through a process involving a broad consensus. Thus the IEBC, despite all its organisational weaknesses, is thus totally unlike the old ECK which President Kibaki openly stuffed with his cronies just before the election.
Then we have a new judiciary, the members of which have been subjected to public vetting, often of a very humiliating kind. And although there are those among us who still regard the Chief Justice Willy Mutunga as an ear-stud-wearing poseur, who has yet to prove his mettle, nonetheless no loser in any election can convincingly argue that “there is no point” in seeking justice from this judiciary.
Finally, we now have the ICC entrenched in our national life in a way which was inconceivable before the post-election violence came upon us. Those of us who knew anything of the ICC prior to this, tended to think that it was set up to try Serb militia chiefs; Congolese and Liberian warlords; and the likes of Joseph Kony.
Now we know better. And, more significantly, our top politicians know better. They know that the moment they send out any street gangs or private militias to do their dirty work, they have effectively supplied the ICC with the witnesses who will one day – from the safety of Europe – turn up in fine suits to offer evidence against them.
. . . .
- Kenya Elections 2013 part 1 (sakunian.wordpress.com)
- Kenya summons EU envoys for interference (worldbulletin.net)
- Kenya accuses foreign envoys of trying to influence polls (vanguardngr.com)
- Yes, there will be consequences over Kenyan president – France (capitalfm.co.ke)