Carter Center, NDI , EUEOM and other International Observers should follow up on Cambridge Analytica, other actors in Kenyan elections

To the best of my knowledge and recollection, none of the various Election Observation Mission reports from Kenya for the March 2013 election covered the role of SCL Group of Britain (subsequent parent of Cambridge Analytica) for Uhuru Kenyatta. Nor were other foreign contractors for either side addressed to a substantial degree. [I will check back on this and add reference to anything I find.]

Likewise, I do not believe that Cambridge Analytica, SCL or Harris Media were examined in the 2017 Election Observation reporting. [I covered the final reports from the EUEOM here (January) and the Carter Center here (March).]

With new revelations coming — in addition to The Star reporting from pre-election 2017 I mentioned in my last post — I think this warrants follow-up. NDI and ELOG still have 2017 final reports outstanding so they are presumably well situated to cover this important part of the factual background the election competition in Kenya.

Given the apparent “slow roll” on the duty to investigate the Msando murder from July 2017, together with new questions now coming up about the 2012 death of Romanian Dan Muresan while working in Kenya for Cambridge Analytica on Kenyatta’s original campaign for the 2013 presidency, Election Observation Missions, and the democracy assistance establishment in general, have a lot of unfinished business.

The concerns are not new. See this from June 2017 at Snopes.com: “Privacy advocates concerned about Kenyan Governments hiring of Cambridge Analytica“.

For one of the best pieces assessing the questions faced is Nanjala Nyanbola’s “Politics in the Digital Age: Cambridge Analytica in Kenya” at AlJazeera English.

Another must read is Nic Cheeseman and Brian Klaas’ cover feature “How to Rig an Election” in The Spectator.

Kenya’s election “compromised and contaminated” or “compromised and bungled” by IEBC finds Supreme Court

The Supreme Court of Kenya’s long awaited reading of its full opinion on the presidential election petition this morning squarely hammered the discrepancies between the process requirements of the law and what the evidence showed  happened.

The Court found explicitly, for example, that the affidavit submitted by the IEBC asserting that all of the tally papers had security features was contradicted by the documentary evidence eventually produced by the IEBC under order of the Court in the hearing.

The Judiciary website seems to have been down from before the announcement so I will have to wait to read the opinion.

The Court made clear that there would be no basis for it to uphold a similarly compromised process in a fresh election.

The ball is squarely in the “court” of the IEBC and its advocates and funders to grapple with the “contamination” and its causes to find a solution.

(On the submission of the Preliminary Statements of Election Observation Missions as evidence to bolster the defense of the IEBC, the Court said they could not be considered as they did not go beyond looking at the voting and counting at a sample of polling stations.  This is good news in correcting one of the flaws from the original 2013 presidential petition litigation.)

Update: Business Daily: “”Supreme  Court says IEBC failures led to poll nullification”.   

Globe and Mail:  “Kenyan Court blasts Election Commission as political tensions rise”

 

Kenya Election – France24 Debate with EU Chief Obsever and Nanjala Nyabola (and more)

A worthwhile 45 minute discussion on the status of the Kenyan election in the wake of the Supreme Court ruling including particularly the role of the election observers:

France 24 Debate – “Kenya Back to the Polls: Landmark Ruling, Renewed Uncertainty”

Guests:
Marietje SCHAAKE
Dutch MEP, Alliance of Liberals and Democrats

Patrick SMITH
Editor in Chief, The Africa Report

Nanjala NYABOLA
Writer and political analyst

Roland MARCHAL
Senior fellow at CNRS, Horn of Africa Specialist

And here from Quartz Africa: Kenya Elections 2017 – Role of International Election Observers under scrutiny after Kenya’s presidential election annulment.”

Maina Kiai in his Saturday Nation column submitted before the Supreme Court announced its ruling annulling the election had this to say:

INTERNATIONAL OBSERVERS

And it has been disappointing to see international observers — some domiciled in Kenya and some from outside — play that same game. Is this because they don’t think we deserve better?

Or is this guilt about the waste of millions of dollars spent on the IEBC? Or is it because the election result of August 10 is exactly what these observers wanted?

If it is the latter, why on earth do we ever have elections in the first place? International observers — aside from the EU Observation Mission (not the EU in Kenya) — set a new low for what it means to do elections observations.