Form 34 Posted
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 Sweeney 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 Sweeney’s 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.