Lessons for Kenya’s 2012 Elections from the Truth Trickling Out About 2007–New Cables From FOIA (Part One)

The time for Kenya elections under the new constitution should be August, although there remains some uncertainty on the date of the first election for “the second republic.”  See “The Election Date not Clearly Spelt Out” by Yash Ghai and Jill Ghai in The Star.  Regardless, the point is that elections are in a general sense “next year”, and that since I started this blog in December 2009 we have gone from roughly “40% done” with the allotted time for reforms under the “Government of National Unity” to “80% done”.

One of the points of the mediated settlement agreement between PNU and ODM negotiators that provided for the formation of the “power sharing” coalition government was the investigation of the facts of the disputed 2007 elections. Toward this end, and as part of my own desire to learn what I could about what had been going on around me in the context of my work managing the IRI poll program and election observation program in Nairobi, I submitted three Freedom of Information Act requests to the State Department back in September and October of 2009. One of the requests was denied back at the first of this year on the basis that the records were classified, but this weekend I finally received the first partial release of unclassified documents under one of the other two requests.

Regular readers will know that for the last several months my professional circumstances have just not allowed much time for original writing here–that hasn’t changed, but I think this is an important area where I can add value to the learning process and preparations toward more successful elections in 2012, so I will be working my way through what these newly public documents tell us, and don’t tell us, about the last Kenya elections over the next few posts.

This FOIA request covered State Department communications about the 2007 exit poll that was conducted by Strategic Public Relations and Research under contract with IRI, funded under an agreement with USAID and by the University of California, San Diego. This initial partial release covered the “central records” of the State Department in Washington and identified six “cables”, of which four were released in full, one was released with some redaction, and one was held for review with another agency of the government prior to a decision on release.  To date, the Africa Bureau has provided no response to State’s FOIA office regarding the Embassy records.

We’ll start for today with basic points from the first cable, a December 14, 2007 report from Ambassador Ranneberger to Washington on the preparations for the December 27 elections. I remember that day well–it was a Friday.

The day before I had gotten a call from the USAID Democracy and Governance head to fax to the Ambassador our delegate list for the election observation mission. After I had done so I was driving to lunch with my wife and an American friend who had recently been an election observer in another African country for another U.S.-based NGO and wanted to assist the Kenya observation as a volunteer. The Ambassador called and I had to pull over to the side of the road and step out of the car as I was getting loudly “chewed out” about the inclusion of former Ambassador Bellamy on the delegate list. Ambassador Ranneberger elaborated that he did not want to hear that it was not my decision as he was holding me “personally responsible” as the person in charge “on the ground”. He went on to say that he would pull the funding and cancel the election observation if I didn’t get Bellamy off the list, and not to think that he couldn’t do it.

After my calls to USAID and my immediate superior in Washington, IRI’s president called Assistant Secretary of State Jendayi Frazer on his way to the airport for a trip to Thailand, as he related to me, to tell her to “get her Ambassador under control”, then called Ranneberger from Thailand.  As a result, IRI capitulated and removed Bellamy as a delegate, but I was instructed to accept “no more b.s.” from the Ambassador.  Bellamy was told (not by me) that there was a problem funding his plane ticket.

The next day, on Friday, Ranneberger sent his cable to the Secretary of State touting his election preparations.  Some points of interest:

*Ranneberger notes regarding the UNDP’s $11.3 million comprehensive election assistance program, that the U.S. is the largest donor, providing nearly $3 million.  “As USAID/Kenya’s Democracy & Governance officer is the lead coordinator for all/all donor related election activity, USAID represents the donors on the joint ECK/Donor Steering Committee managing this program.”

*Ranneberger writes regarding Election Observers:  “The Mission is funding an international election observer team headed by the International Republican Institute (IRI).  The team will have about 20 members, and will be headed by former Assistant Secretary Constance Newman.  This team will be strategically deployed to high-profile locations and will coordinate with other international observer missions being fielded by the EU and the Commonwealth.  In addition to the international team, we will field over 50 three-member teams of Mission observers (American and Kenyan staff).  Locations for deployment focus on election “hot spots” where we anticipate the greatest potential for violence or other irregularities as well as constituencies with viable women candidates.  As circumstances on the ground evolve, we can continue to adjust our deployment strategy.”

* Regarding the ECK:  “Developing the capacity of the Electoral Commission of Kenya (ECK) lies at the  heart of our strategy.  The USG funded International Foundation for Election Systems (IFES) has been providing support to the ECK since late 2001.  Activities focus on providing appropriate technology for more efficient and transparent elections administration while improving the skills of the ECK technical staff.  This support additionally includes capacity building and technical assistance to support election administration.  Technical assistance includes computerization of the Procurement and Supplies Department, which is responsible for printing and distributing election materials.  Assistance will also support implementation of the ECK’s restructuring plan, strengthening logistics capacity, and accelerating the transmission and display of results.”

*On “Public Opinion Polling”:  “The Mission is funding national public opinion polling to increase the availability of objective and reliable data and to provide an independent source of verification of electoral outcomes via exit polls (emphasis added).  The implementing partner is IRI.  In addition, we were concerned that other widely published public opinion polls, which showed ODM’s Raila Odinga well ahead of President Kibaki, did not accurately reflect the true status of the contest.  Given the rising political temperature, partially due to the use of blatant ethnic appeals by both sides, we were concerned about the reaction of ODM supporters should their candidate lose in a close outcome when they were led by public opinion polls to expect a landslide victory.  The solution involved quietly reaching out to polling firms and their clients to suggest that poll sampling distribution should be based on the regional distribution of registered voters, not on raw population.  Today, the major polling firms have all adjusted their sampling and limited their responses to those who at least claim to be registered voters.”

That afternoon, Friday, December 14, I got a call as I left the offices of Strategic, the polling firm, where I had been working on exit poll preparations.  A caller who identified himself only as working with the Ambassador said that the Ambassador would like me to see him at the residence the next afternoon and I agreed to come.  In the next post, I’ll pick up the story with that meeting and two more pre-election cables.

Part Two;    Part Three;    Part Four;    Part Five;    Part Six;    Part Seven.

Observations about the Kenyan and American Presidential Cycle for 2012

-Four years ago I was just moving to Nairobi.  The “Housing Bubble” was still inflated, along with the broader “Finance Bubble”.   The Bush Administration had become deeply controversial and substantially unpopular, in particular because of Iraq, along with some of the whole Jack Abramoff/Tom Delay scenario in Congress that helped the Democrats retake the House in 2006.

-At that time, neither John McCain, the long time chairman of the International Republican Institute, for which I was going to work, nor Barack Obama, the young, fresh-faced green black Senator from Illinois, looked to the pundit class to be likely nominees for President.  McCain had stumbled from his incumbent front-runner status, with various others seeming to emerge.  Obama, obviously, needed to cap his expectations at a running mate slot if he did really well.

-It was interesting that Obama’s father had been from Kenya, and that Obama had written a memoir in part about growing up essentially without that father, but with some awareness of who he was and some communication, and then finally a visit to Kenya as a young adult.  It would never, ever have occurred to me to imagine that later, many millions of Americans could imagine that Senator Obama had been born in Kenya, smuggled into the United States secretly and his story concocted as part of a vast conspiracy by someone for some purpose deeply dangerous to the country.  That all these years his birth in Kenya had been known in Kenya but kept secret in the United States.

-Now that the President has gone to some lengths to make a very high profile release of the State of Hawaii’s actual “long form” certificate to supplement his previous release of a copy of his own birth certificate, the politicians who tried to advance their careers by enabling this nonsense have been damaged and the President’s re-election prospects improved.

-So why the exact timing?

It seems to me that Obama’s people would likely have assumed initially that the whole “birther thing” would die down, rather than grow, after he took office.  I would have.  I wouldn’t have been cynical enough about Republican politicians to realize how many would refuse to disown it or would even tacitly encourage it.

At some point it must have become clear that it should be addressed for the 2012 campaign.  So why wait so long?  Maybe the “rope a dope” factor.  Why interrupt “silly season” among people who are obviously going to be attacking you on some basis, until the time that more independent minded people are starting to think about who to vote for next year?

The conventional wisdom in the media seems to stick with the narrative that this was a “response” to Donald Trump dictated by the traction Trump was suddenly getting through the media.   Maybe, but I haven’t noticed the sourced reporting on this, as opposed to the repetition of assumption from circumstantial observation.  I think this may well be wrong.   Because the media seems to have had no idea about something a lot more consequential going on at the same time as the rump Trump boomlet: the preparation for the raid on the Bin Laden compound.

To me, it would seem that it was necessary for Obama to release the “long form” birth certificate to protect himself, and the country, from the kinds of things that might be said if the Bin Laden raid had failed. Jimmy Carter’s re-election was riding on the 1980 attempt to rescue American hostages in Iran–likewise the Bin Laden raid was a singular high risk event in U.S. domestic politics.

-Meanwhile, the Kenyan 2012 campaign is gearing up as well, with the ICC cases from the last election still in their early stages. Even with the birther issue behind him, I would expect that Obama will want to minimize any personal contact with Kenyan controversies until after his own election, relying on Secretary Clinton and his new ambassador, Scott Gration.

“In Southern Sudan, for the money”

“In Southern Sudan for the Money”

JUBA, Sudan, April 9 (Reuters) by Ed Cropley – The only thing that’s cheap in southern Sudan is life.

One of the world’s poorest regions, where four out of five people are illiterate and one in five children fails to make it to their fifth birthday, the south’s economy has been turned on its head since the end of a 22-year civil war in 2005.

A flood of foreign aid workers and more than $2 billion a year in oil revenues under a peace deal with the central government in Khartoum has transformed the south into one of the most expensive corners of Africa.
. . . .

Nobody knows how many people live in the city, although some say its population has trebled in the last five years under the weight of tens of thousands Kenyans and Ugandans out to make a quick buck.

“Earning $100 is difficult in Kenya. Here it’s easy,” said Amos Njay, a Nairobi taxi driver hoping a year in Juba will set him up in a trucking business.

Africans are not the only ones with an eye on the cash.

Foreign aid workers, holed up behind barbed-wire fences and armed guards in semi-permanent tented camps on the banks of the Nile, boast of earning $10,000 a month tax-free and with all their living expenses taken care of.

“You know what they say: in places like this you only get missionaries, mercenaries and misfits. Me? Sure, I’m just here for the money,” said one U.S. aid contractor knocking back a cold beer in a bar on the banks of the Nile.

Other drinkers ranged from dapper pro-democracy activists from the U.S. International Republican Institute to former soldiers whose lives are spent treading in the heels of conflict across the globe, cleaning up mines and unexploded bombs.
. . . .

“Two years on, Kenya mediation success fails reality test”–“almost a perfect conspiracy against the Kenyan people”

NAIROBI (AFP) by Jean-Marc Mojon– In March 2008, Kenya’s reconciled foes were trumpeting ambitious reforms and the international community was basking in the glory of a rare African crisis-resolution success.
. . . .
“Something had to be done to end the conflict but perhaps it could have been better thought through,” said Mati, who heads the Mars Kenya Group political watchdog.

Kenyans’ faith in their rulers is at its lowest, the pledged reforms are nowhere to be seen and many argue that, as the government doubled in size to accommodate feuding parties, so did corruption.

Former UN chief Kofi Annan, the chief mediator two years ago, and the Western powers that helped him broker the accord are constantly reminding Kenya of its pledges and sounding alarm bells over impunity and resurgent tribalism.

On at least his fifth visit to Kenya since the signing, Annan on Friday again spoke of “concerns and frustrations”.

“The international community and the mediation team believed in this agreement more than the Kenyans did,” argued Tom Wolf, a Kenya-based governance consultant and pollster.

The incumbent President Kibaki was behind then opposition leader Odinga in opinion polls but surged past his rival in the final stages of a delayed and confused vote-counting process.

The internationally-backed commission probing the ballot claimed it could not determine a victor, Annan urged Kenyans not to dwell on the past and some Western diplomats admitted that knowing who won was the last of their concerns.

The feuding camps “were forced into marriage without opening the pandora’s box of the election’s real outcome,” Wolf said.

A US government-paid exit poll by the International Republican Institute gave Odinga the edge but was kept secret and a Gallup poll nine months later showed that only 25 percent of Kenyans thought Kibaki had won.

As a result, the basis of the power-sharing deal was perceived as being quite different by either side.

What was touted at the time as a 50-50 deal Prime Minister Odinga himself now bemoans as a raw deal, with Kibaki’s people holding the interior, justice, finance and foreign afffairs portfolios.

The dysfunctions of the coalition have been plain to observe since, culminating in Odinga sacking two ministers implicated in graft scandals last month only to see his move vetoed by Kibaki.

Wolf argued that the colossal reform wishlist the West slapped on the newly-formed coalition would be “overwhelming for any government, however unified and well-intentioned.”

“It was as if Western diplomats were trying to prove they were still relevant. The crisis made them look incompetent because they didn’t predict it,” he said.

One of them admitted to shortcomings and also highlighted an undesired side-effect.

“Given other instances in Africa since Kenya, I think we need to look at the message we sent,” said the diplomat on condition of anonymity, referring to political unrest in Zimbabwe and Madagascar.

“I think many authoritarian regimes could see the scenario as rather attractive: you want to stay in power so you rig the election, raise the spectre of ethnic violence and wait for a panicked international community to broker a power-sharing deal,” the diplomat argued.

Despite its poor performance over the past two years, the prospect of the coalition’s collapse following recent skirmishes is met with fear that ethnic strife could be re-ignited.

But Mati argued that while they may not manage to agree on substance, Kenya’s foes were happy to keep the shell as it is.

“The truth is that Kibaki won’t end it because it would end his presidency, Odinga won’t end it because it’s as prime minister he gets attention and the ministers won’t end it because they have ministries to run and loot,” he said.

“It’s almost a perfect conspiracy against the Kenyan people.”

Friendly Fire? IRI Chairman McCain Labels Exit Polling as Pork!

Republican Senators McCain and Coburn have issued a purported list of 100 wasteful porkbarrel programs getting funding under federal stimulus legislation–one item targeted on the list is a little over $200,000 for exit polling in Africa by the University of California, San Diego. 

Is this just a political cheapshot at UCSD for publishing the results of the Kenyan exit poll from the 2007 general election and accompanying research? 

For this Kenyan exit poll, McCain’s International Republican Institute (“IRI”), for which I was Resident Director of the East Africa Office at the time, received funding from USAID, along with an extra $10,000 from Dr. Clark Gibson, chair of Political Science at UCSD.  The poll showed the challenger Raila Odinga soundly defeating the incumbent Mwai Kibaki.  When the Electoral Commission of Kenya announced that Kibaki had won amid disputes and allegations of fraud, the US Ambassador Michael Ranneberger initially called on Kenyans to accept the results and the Bush State Department initially congratulated Kibaki (later retracting), even though the Ambassador had received the preliminary exit poll results on the evening of the vote.

Dr. Gibson and his associate James Long designed the poll under a consulting agreement with IRI and Long supervised the field work of IRI’s Kenyan polling firm Strategic.  IRI maintained a six month “exclusive” on rights to publicity on the poll under the consulting agreement and refused to let UCSD or Strategic release or comment on the results.  IRI declined to comment on the poll and then began telling journalists and others in Washington that it was flawed, eventually issuing a statement on February 7, 2008 that it had determined the poll to be “invalid” after hearings that day of Senator Feingold’s Africa Foreign Relations Subcommittee in which Feingold called on Asst. Secretary of State Jendayi Frazer and the Asst. Administrator for USAID to explain why the poll had not been released as post-election violence and negotiations between the contestants continued.

After the expiration of the six month embargo, the Center for Strategic and International Studies (CSIS) sponsored the release of the poll by UCSD on July 8.  Gibson and Long presented a detailed rebuttal to the alleged concerns raised by IRI.  The UCSD team also presented at SAIS at Johns Hopkins.  In August, more than a month later, on the day before Gibson and Long were to testify on the results of the poll before the Kreigler Commission in Nairobi, appointed to review the election under the February 28 power-sharing settlement, IRI released the poll, having found that it was valid after all. 

In the meantime, IRI continues exit polling all over on the taxpayer dime–and trumpets the “earned media” it gets for this from publications like the New York Times.  But apparently National Science Foundation funding for polling done by actual social scientists at UCSD outside the auspices of International Republican Institute is pork!

As Gibson and Long pointed out in their presentation of their research to the Working Group on African Political Economy last year, the US spends hundreds of millions on democracy promotion, but we don’t even know what motivates African voters.  Of course, if we don’t really always want to know HOW they vote, I guess maybe we don’t care why either?  And for that matter, maybe we don’t want to learn more about how effective that “democracy promotion” money is?

James Long worked tirelessly under pressure to help execute the Kenyan poll for IRI under difficult circumstances, and even provided substantial free assistance on IRI’s September 2007 pre-election poll (which was quickly released, by the way).  File this under the category of “No Good Deed Goes Unpunished”.