Tag Archives: elections

An Early Warning ignored: “it is possible to infer that a well-orchestrated plan was implemented to ensure a predetermined election result”

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Struck me this week that 15 (!) years had gone by since the July and August release of the International Republican Institute Kenya 2007 Election Observation Mission final report and the Exit Poll following my family’s return to the US from my time in Kenya as Chief of Party on each of those USAID programs.

A quick catch up on-line generated a critical document that I had not noted previously. It is a report prepared by IFES for Open Society East Africa for submission to IREC, popularly known as the “Kreigler Commission” which was to investigate the failed election as a result of the February 28, 2008 “Peace Deal” and subsequent processes to implement the basic terms. The Commission reported privately to President Kibaki and then released a public report (see my key document links) that elided actual investigation of the ECK’s tally of the Presidential vote as such.

Lots of worthwhile material but here is key except, in context of US policy – as I was told by a “player” well after the fact – to back the result of the ECK full stop. Aside from the issue of such a policy making the USAID-funded IRI Election Observation Mission Program and the Exit Poll beside the point at best, it clarifies why the State Department should have known better than to have such a policy—and stick with it in being alone in initially congratulating Kibaki until the violence was raging (aside from the fact that Ambassador Ranneberger himself witnessed fraud in the central ECK tally operation with EU Chief Observation Delegate Lambsdorf as I have demonstrated through obtaining his January 2, 2008 cable to Washington through FOIA).

From “The Electoral Process in Kenya: A Review of Past Experience and Recommendations for Reform” IFES Final Report August 2008:

. . . .

Kenya 2007 election Kibaki Tena Kazi iendelee re-election

Early Warning Signs in Electoral Management

With the benefit of hindsight, it is possible to infer that a well-orchestrated plan was
implemented to ensure a predetermined election result:

a. President Kibaki’s decision to abrogate the IPPG agreement of 1997 on the
formula for appointments to the Electoral Commission ensured that all of the
Commissioners were appointed by him alone. The IPPG agreement had capped
the maximum number of Commissioners to 22 and reserved 10 seats to be filled
by persons appointed by the President after recommendations by opposition
parliamentary parties.

b. The allegations of questionable procedure in the appointment of returning
officers by Commissioners.

c. An offer from the International Foundation for Election Systems (IFES) to install a
computer program that would have enabled election officials in the
constituencies to submit results electronically to Nairobi and then on to a giant
screen available to the public, making it virtually impossible to change results,
was rejected.

d. The use of ECK staff in the Verification and Tallying Center was abandoned in
favor of casual staff recruited directly by the Commissioners.

e. The Commission refused to ensure that election officials in areas with large
predictable majorities for any of the candidates came from different areas so as
to reduce the likelihood of ballot stuffing.

Since opinion polls from the 2007 elections consistently indicated a very tight contest, the
neutrality of the ECK was always paramount, particularly in the event of a thin margin and a
too-close-to-call election. The new appointments made by President Kibaki to the ECK early in
2007 elicited protests from the opposition that he was fortifying the ECK with his supporters
despite the need for the electoral body to be perceived as fair and independent, a perception
crucial to political stability in a region where many political systems are unstable. Several actors
appealed to President Kibaki to consult the opposition prior to making appointments to the
Electoral Commission, with no perceptible effect.

These developments exacerbated problems within the ECK. Although the ECK had improved
substantially since 2002 in its ability to manage elections, the commission still clung to many
questionable practices. For example, votes were counted at the polling station without
transportation to a central tallying center, a process prone to abuse and manipulation by the
former regime. The unilateral appointments by the President meant that the ECK was now
perceived as subject to control, direction, and manipulation by the government.

Uhuru and Raila competed for Ruto’s hand as Deputy in 2012 – it would have been rational for Western diplomatic actors to support a Ruto-Uhuru wedding to inoculate against the type of PEV used in 1992, 1997 and 2007-08.

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Did we do this? I really have no idea factually. Back in 2009 when I attended my first annual meeting of the African Studies Association, in nearby New Orleans that year, I was left with the notion after sitting at the knee of an up-and-coming “scholar/actor” that diplomatic players in the U.S. and/or the U.K. and whomever else might fairly obviously be expected to try to broker a pre-election Kalenjin-Kikuyu coalition.

UhuruRuto Kenya 2013 billboard Nairobi

At the time, the idea of helping put together Uhuru Kenyatta and William Ruto would have seemed improbably Machiavellian.

Again, as I said, no idea. But if I were to resume taking a look-see into the 2013 election following my initial FOIA request about the IFES program at the IEBC I would be interested to get into the pre-election period as well.

 

Kenya’s election was very close – would Raila have won with Ngilu instead of Karua as running mate?

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Raila Odinga Kenya president campaign

The closeness of the election is somewhat obscured now by the “winner take all” nature of Kenya politics and the quick consolidation of power by Ruto, but it really was very tight under any view. No disrespect to Martha Karua intended because her choice did help revitalize Raila’s campaign when he had persistently trailed in the polls throughout and then moved ahead when she was tapped.

Nonetheless, all politics in Kenya is local/tribal and she was undoubtedly picked in part to try to offset Raila’s weakness versus Ruto in the core Kikuyu old Central Province, as well as a play for “good governance” support from the “international community” and civil society (which had adopted Karua for a variety of reasons in recent years in spite of her understood role as a Kibaki Kikuyu hardliner opposed to the peace deal and power sharing in the 2007-08 ECK and PEV crisis).

At the end of the day, I think Karua was respected but not highly popular, whereas Ngilu was less respected internationally, and perhaps among some parts of Kenya’s more intellectual class, but more popular as a politician.

One thing that I am guessing that happened is that Raila overestimated the practical value of going with a “Good Government” choice in terms of support from Washington and London, and otherwise from “the Western donors”, just as he overestimated the transferability of the support that Kenyatta had in those capitals to him. I think he just may have been behind the times on this: there were years when Ruto or a candidate with his profile would have drawn active criticism internationally for corruption but 2022 was just not such a year for a variety of reasons. Likewise people in Washington that considered Ruto “dangerous” as late as a couple of years ago because of his role in the PEV seem to have gotten over it once they saw him as the long-established frontrunner in the polls and BBI not catching on. I think many were unsure whether Kenyatta was really going to follow through on supporting Raila which made it that much easier to rationalize a Ruto presidency.

“On the ground” among Kenyan voters, Raila could not pull off running a traditional opposition anti-corruption oriented campaign after several years of the handshake and clearly counting on Kenyatta’s support. Too much cognitive dissonance, especially after getting beat in the Courts on a BBI that got larded up and bogged down to the point of becoming notably unpopular in its own right. On that front, the Karua pick seems to have proven too late and too out of step with the messaging from Raila’s other coalition heavyweights.

Given that he was behind in the polls and needed a spark, I do think choosing a woman made sense, but Ngilu as a more traditional Kenyan politician who was a current office holder and a long established vote getter from a “swing” region and ethnicity might have fit the bill quite a bit better. A more obvious choice to match up versus Mudavadi and Wetagula on Ruto’s side and a more congruous fit with the rest the established heavyweights on the Azimio team.

“A Few Thoughts on the Kenyan Election”

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A Kenyan friend recently checked in to ask what I had written about the Kenyan election. I had to say “very little”. I have been committed to my more unique role as a witness to what went wrong in 2007-08 and tried to avoid the risk of being just another opinionated outsider missing the real conduct and motivations of the opaque competition for power through the election.

Nonetheless, I did send a private email memo to a few friends in Kenya and Washington back on May 15, 2022 (shortly before Raila and Ruto chose running mates) titled “A Few Thoughts on the Kenyan Election”:

1. First big election in Africa after the end of the Post-Cold War peace in Europe.

2. In this environment, the democratic Western players are less able to credibly claim to speak for a notional international community.

3. So on balance, not much reason to indulge Kenyatta now the way we did Kibaki in 2007. Unless we can be sure that the Kenyattas have a deal with Ruto to assure no major violence, why would we signal that we would be willing to look the other way if they steal it for Raila? Major violence would be riskier and more unpredictable now than back in 2007. On the other hand, if they do steal it, the last thing we would want to do is risk instabilty on behalf of a few votes for Wm. Ruto.

4. Obviously Obama and Trump and their administrations overestimated Uhuru for 15 years, but if we really cared about the details of Kenyan politics we would have gotten serious about injecting some competence into Kenyatta’s BBI fiasco.

5. There are still a few weeks left in a 4 1/2 year campaign so Raila could get it together, but who really thinks that’s highly likely? Under the circumstances, it isn’t that hard to see why ordinary Kenyans would be attracted to a candidate who is even more corrupt and more ruthlessly ambitious, but presents as having some basic discipline and competence, among the actual choices. Especially if you have lived through recent American elections.

6. The American humorist Will Rogers (from the era of my grandparents on the small family farm in Kansas during the Great Depression) was famous for the phrase: “I never met a man I didn’t like”. We have never met a President of Kenya we didn’t like.

UhuruRuto Kenya 2013 billboard Nairobi

Just my honest, private thoughts at the time, for what it is worth.

In 2007-08, I only met Moi and Ruto once each. Loose impressions:

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To me, Daniel arap Moi in person seemed more like Raila (and I am guessing Uhuru, whom I never met). A more relaxed demeanor reflecting longevity in the game presumably. At that time, in July 2007, Moi seemed to be trying to stay relevant politically. (Shortly after I met him the deal was cut whereby Moi and KANU, led nominally by Uhuru, crossed over from leading “the official opposition” to supporting Kibaki’s re-election and Moi was appointed by Kibaki as Envoy to Sudan).

Ruto was conspicuously more telegenic and articulate. Thus his natural role in squaring off against Kibaki’s Justice Minister Martha Karua at the Electoral Commission (ECK) Headquarters on television at the Kenyatta International Conference Center (KICC) during the tally in the days following December 27, 2007 election (until the Kibaki Government through Interior Minister John Michuki shut off the live broadcasting). Even though Ruto wasn’t a lawyer.

The surprising thing to me when I introduced myself briefly to Ruto was how different he came across in person than on television. A person of much more intense physical presence than a typical politician like Moi or Raila, Kalonzo, Mudavadi or others I met.

This impression lends itself to a question: is Ruto a typical Kenyan politician, or is he a telegenic but more especially dangerous person who has simply been normalized by pundits and diplomats because he acquired power by virtue of a “coalition of accused kingpins of violence” with Uhuru Kenyatta during the failed ICC prosecutions for the 2007-08 Post Election Violence (PEV)?

Or was Ruto simply normal in his relation to political violence and wrongly tagged as more responsible than other Kalenjin politicians, such that the opportunistic political gain from being indicted by the ICC is just one more common facet of democratic competition. So that in the environment of total agreed impunity of the political class for the murder and mayhem of 2007-08 Ruto has simply the normal association with violence so that his qualities of telegenic articulation can be credited positively rather than treated with suspicion?

Or is it, to the contrary, plausible to see him as something something else entirely, a fresh candidate now, breaking the mold of Kenyan politics not by virtue of having been an especially dangerous protagonist of ethnic violence, but by becoming the first real reformist to win by moving Kenya beyond ethnicity on a platform of better economic policy? Or a fresh candidate breaking breaking the mold in some other way?

Some of this depends on whether one sees continuity between the actions and history of politicians from one campaign cycle to the next, or whether it is tacitly agreed that democracy means every candidate should get a clean slate to be whatever they want to be in each particular campaign.

(Note that none of these questions are intended to comment in any detail about other comparisons between Ruto and his rivals or examine the track record of those rivals, each of whom have their own controversies even if they are easier to group together more generally.)

UhuruRuto Kenya 2013 billboard Nairobi

Raila owes me for keeping the vote count verification Exit Poll showing him leading in 2007 from “going away”, but I did not do it for him personally

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Over the years carrying my torch as a witness to what happened on my watch in democracy assistance in Kenya in 2007-08, I have always tried to be mindful of the notion that it has not been my business who Kenyan voters chose, including how they voted in the subsequent 2013, 2017 and 2022 elections in which Raila has continued to be a leading candidate. Rather, my job in 2007-08, and my purpose since, has been to address the facts honestly and support the democratic process so that the choices actually made by Kenyan voters themselves would be honored.

Thus, keeping the 2007 Exit Poll from meeting an untimely demise because it was diplomatically inconvenient was not a matter of “supporting” Raila versus Kibaki as a candidate or politician, but rather doing my job to support the democratic process and “observe” the election with integrity.

There was a little bit more involved in preserving the hope that the Exit Poll would be released and published during the early months of 2008 when I was finishing out my “public service leave” as International Republican Institute Resident Director for East Africa than I have written about over the years.  It is probably time to tell the story.

In summary, after the decision was made in Washington to my surprise and disappointment not to release the Exit Poll showing Raila winning by almost six points, there was still the notion that the original polling forms would be sent to Washington and the original data evaluated and re-entered in digital form to determine whether there were actual doubts or anomalies to justify the announcement that the poll was “invalid”. Initially, this was going to happen when staff from our Nairobi office traveled to Washington in March for IRI’s annual global meeting.  The meeting was intended to be mandatory for me as a Country Director and I was asked on behalf of IRI’s President to prepare a presentation on the process of dealing with the Exit Poll and the release decision.  I explained to my boss, the Africa Director, that this was a terrible idea since I emphatically objected to the decision to say the poll was “invalid” and not release it, but I did not want to get up in front of a bunch of young idealistic IRI employees working around the world and say that, nor surely did “the front office” want me to. I also had a major family conflict for the meeting which had been moved because someone in Washington had forgotten to make hotel reservations.  Since my leave from my job in the States was up June 1 and I had to move back in May anyway, I was comfortable declining and was able to beg off.

The original survey forms, which were in locked storage at the Country Director residence near our office, were going to be delivered to Washington by the other staff members making the trip for the March meeting.  But then those instructions were cancelled and there was no operative plan to re-enter the data or otherwise review the original forms in Washington or elsewhere.  The researchers from the University of California San Diego (UCSD) who were the critical consultants for the USAID-funded poll and had contributed additional funding supplementing that provided by USAID, wanted to do the data work, but IRI Washington did not want to let them without modifying their contract.  IRI would pay  $10,000 as compensation for the additional work, the same sum as the funding Dr. Clark Gibson of UCSD had provided pre-election, but UCSD would have to surrender the right to publish the results after a six month exclusive period for IRI that was provided in the original pre-election contract.  Dr. Gibson, as he told the New York Times declined because he thought “they were trying to shut me up”.

Given the fact that there was no path forward to complete the polling program and answer the questions that had been raised back in Washington without reference to the original data, I had to make a choice as Chief of Party for the polling program between honoring the existing contract with Dr. Gibson of UCSD or breaching it to follow instructions from my IRI superiors.  I elected to honor the program and the contract (and the election process itself as I saw it) and allowed the UCSD graduate student researcher to take possession of the survey forms (I had sent him, along with my wife, to retrieve them from the polling firm and bring them for safekeeping at the residence once things got “hot” when IRI announced from Washington that the poll was “invalid” and would not be released.  (As but one example of what I was concerned about, the possibility of a re-count of the underlying vote in the December 27 election had been eliminated, allegedly, by a fire in the warehouse where the ECK stored the ballot boxes just after the vote.)

Thus UCSD was able to verify the poll and release the results in presentations in Washington at the Center for Strategic and International Studies and Johns Hopkins University in July 2008 after the end of the six month embargo. And USAID reported in their Frontline newletter that the exit poll “disclosed that the wrong candidate had been declared the winner”.

The personal drama was that in April when I was working from the residence (my successor was in place running the office by then but had not yet been approved by USAID as Chief of Party so I was still needed for public meetings and reports and such) when I got a call from my Africa Director in Washington that my successor had not been able to find the survey forms in the office.  I explained that they had never been taken to the office, which seemed obviously less secure, so we had taken them to the residence.  That was a satisfactory answer and nothing further was said.  The fact that the forms were in San Diego at that moment was a “didn’t ask, didn’t tell”.

In May I was to turn over the residence to my successor.  The UCSD researcher was bringing the survey forms back from San Diego with him and put the boxes in checked baggage which was tied up in a big delay at Heathrow in London, so he arrived without them as I was getting ready to vacate the residence.  In the context of the tension between myself and the Ambassador and the non-release of the Exit Poll, I threw myself my own going away party with my family and the staff that reported to me, but I did get invited to a farewell dinner by the Serbian Ambassador and his wife who managed our IRI office for both the East Africa programs and Sudan. Starting out with a homemade Serbian aperitif I felt a bit woozy after a sip and excused myself. I woke up a few minutes later on the floor of the restroom with a bit of blood on the tile from striking the sink on the way down.

A cab was called to take me to Aga Khan hospital where I recovered for a few days while my wife and kids scrambled to finish getting everything out of the residence for turnover in my absence and I hoped that the boxes of survey forms would arrive in time to be back in the residence for my successor.  After a few anxious days the boxes arrived in the nick of time and I was soon out of the hospital and off with the family for a couple of weeks in Uganda before going back to Mississippi and my job as a lawyer in the defense industry. Testing at the hospital indicated that I did not have malaria, just some similar but completely temporary symptoms of who-knows-what.

At some point, IRI ended up hiring a survey firm in Oklahoma to review the Exit Poll and released it themselves in August 2008 just before the UCSD researchers testified about it to the Kreigler Commission which was conceptually charged with investigating the dispute as to the facts of the vote for president.  Raila wrote about how important the Exit Poll was to him in his autobiography, “The Flame of Freedom”.  He got part of the story wrong, but since he has continued to be a candidate for president over the succeeding elections, it has been in his interest not to be overly fastidious about all the details, just as the important thing for current democracy assistance efforts is keep learning and adapting from the lessons that become available.

If Raila ends up being president this time, I hope he does a great job in the spirit that his most loyal friends and supporters, some of whom are also my friends, have always hoped.  I also hope it is because he gets the most votes in a free and fair election that is not marred by violence or more corruption than we have already seen.

As usual, Non-Democratic IGAD Members to Observe IGAD Member Kenya’s Election

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How many IGAD members are democracies? Well, Kenya has some genuine if flawed level of democracy, but Uganda has a president who took power by military force more than 35 years ago and the rest of the bunch are less advanced. IGAD has its value, but the idea of standing up for freedom and fairness at the polls would seem highly counterintuitive for IGAD diplomats.

From The Daily Nation: “Polls: Ex-Ethiopia president Teshome to lead Igad observer team”:

. . . mandate is to promote good governance, democracy, human rights and rule of law in the region.”

“IGADEOM is composed of seven core staff and 24 short-term observers. The short-term observers include representatives of electoral bodies and other public institutions as well as diplomats drawn from six Igad member states of Djibouti, Ethiopia, Somalia, Sudan, South Sudan and Uganda.”

Are diplomats and public officials who are not committed to democracy in their own countries likely to prioritize free and fair elections for Kenyan voters?

Good pre-election Kenya report from Carnegie Endowment

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Saskia Brechenmacher and Nanjira Sambuli have released an excellent pre-election report for the Carnegie Endowment’s Pivotal Elections in Africa series produced jointly by Carnegie’s Democracy, Conflict, and Governance Program and Africa Program.

Moreover, as other analysts have noted, a recurring pattern of dealmaking between political insiders also serves to protect the economic and political power of a narrow elite class, while undermining more meaningful forms of political accountability. Politicians have incentives to mobilize voters to secure their place in elite bargains; yet once those bargains are struck, the needs of communities tend to fall by the wayside at the expense of elite interests. This pattern helps explain why inequality in the country has spiraled: according to Oxfam, “the number of super-rich in Kenya is one of the fastest growing in the world,” with “less than 0.1 [percent] of the population . . . own[ing] more wealth than the bottom 99.9 [percent].”

“The Specter of Politics as Usual in Kenya”

Michael Horton of the Jamestown Foundation joins the advocacy for international recognition of Somaliland

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Micheal Horton, a fellow at the Jamestown Foundation, who publishes occasionally at the Quincy Institute’s Responsible Statecraft, has written a piece entitled “How Somaliland is playing its geostrategic cards better than most” including advocacy for international recognition:

. . . .

 

The pressures that Somaliland faces will only increase in the months and years ahead. The ramifications of the possible dissolution of Ethiopia as a cohesive state will reverberate across the Horn of Africa. Somaliland, like other Horn of Africa nations, will be hard pressed to insulate itself from the fallout from the fragmentation of Africa’s second most populous country. Ethiopia’s civil war is also occurring at a time when developing and developed nations alike face rising energy costs and food inflation, as well as ongoing economic disruptions resulting from responses to COVID-19. Such challenges will test every country in the Horn of Africa and beyond.

 

More than ever, Somaliland deserves and needs international recognition for the great strides it has made to establish a democratic and durable government. The United States has an opportunity to solidify its relationship with a nation that has a proven record of adhering to the values and forms of governance that it supports. However, the window on this opportunity is likely to close. At some point in the near future, circumstances and necessity will force Somalilanders to choose a side. Aid from China may prove more convincing than empty rhetoric from Washington.

Following the paper “The U.S. Should Recognize Somaliland” by Joshua Meservey, the Heritage Foundation’s lead Africa analyst published in October, it is clear that there is real movement on the conservative side of the Washington foreign policy establishment for some U.S. initiative on the recognition issue, in spite of the reduced public engagement with Somaliland during the Trump Administration when the D.C. right had some real direct power in the various bureaucracies as well as the White House and top levels at State and Defense.

Personally, I do not disagree with Meservey’s or Horton’s basic arguments (not to say I agree with every detail of what they write or that they address all issues where I see challenges and risks) now that Somaliland has delivered on the long delayed parliamentary election.  I thought the previous “dual track” approach from the early Obama years made sense then and I was surprised not to see more progress since. (See “U.S.-Somaliland relationship continues to mature as U.S. leads donor delegation on preparation for municipal elections” from 2012.) Given that I poked a bit at now-Secretary Buttigieg’s 2008 advocacy (“Quick thoughts on Mayor Pete’s Somaliland vacation and related op-ed” and “Please note that in mid-2008 Hargeisa, Somaliland was safer and less repressive than Addis or Khartoum” ) I want to take note of both the progress in Somaliland and the risks of letting more years drift by on recognition as other changes take place in the region.

Khat Shop Hargiesa

 

New study on mediation to reduce likelihood of election violence

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Dorina Bekoe and Stephanie Burchard of the U.S. Institute for Defense Analyses have published in African Affairs an interesting write up of their study of secret mediation processes as an additional tool, along with more conventional election support measures, to seek to prevent election violence in Ghana in the 2016 election.

“Keep Peace”graffitti on market scene children’s dresses Keep Peace graffiti art

Well worth your time with lots to think about regarding the interplay of violence prevention, election and other democracy assistance and the other diplomatic and outside involvement with election contests.

The study finds formal secret mediation between the competing camps to have been an important part of a robust and relatively successful violence prevention program.

Robust electoral violence prevention: An example from Ghana