Kenyan politics: food prices to rise; more stories from 2008

There is lots of daily “news” in the Kenyan presidential race, naturally.  What of this will matter six months from now?  Obviously it is hard to know, but one current headline that is more likely to impact the day to day lives of most Kenyans is the drought in the United States and the accompanying huge drop in the U.S. corn/maize crop.  From the Financial Times, “Food crisis fears as U.S. corn soars”:

.  .  .  The US is crucial to supplying the world with food: the country is the largest exporter of corn, soyabeans and wheat, accounting for one in every three tonnes of the staple grains traded on the global market.

Prices for this year’s corn crop, deliverable in December, have jumped 44 per cent in a month, wheat has rallied 45 per cent, and soyabeans 17 per cent.

The rise in grain prices has inspired comparisons with 2007-08, when a price surge triggered a wave of food riots in more than 30 countries from Bangladesh to Haiti, and 2010, when Russia banned grain exports, setting off a price jump that some have argued helped to cause unrest across the Arab world last year. . . .

For the immediate present, the Kenyan headlines dwell on former Raila Odinga aide Miguna Miguna’s book launch, of Peeling Back the Maskwith sections being serialized in The Nation.  The basic notion seems to be the argument that at this stage of his career Raila is just another Kenyan politician who is not any more careful than the usual suspects about the company he keeps or the people he brings into public positions.  A large point may be that the book, published in London, was launched this weekend in Kenya itself.  This means that Kenya has come a long way on free speech in campaigns; it also means that the Prime Minister does not in fact have equal clout in government or chose not to use it if one compares the treatment of this book to others in recent years.

Initial serialization does include an interesting story of how ODM reached over Assistant Secretary of State Jendayi Frazer’s head to appeal to Secretary of State Rice through Sally Kosgei when Frazer was said to recommend formalizing a “qualified endorsement” of Kibaki’s claim to a second term in January 2008.  This is reportedly the background of Rice’s direct intervention to further push the “power sharing” negotiations in February 2008. Those in Nairobi at the time will remember that Ambassador Ranneberger was immediately advocating “power sharing” once the initial U.S. congratulations on Kibaki’s “victory” were withdrawn.

The challenge for the West in Kenya’s 2012 election–and how we can learn and do better this time

Toi Market-Nairobi

I just returned from a few days at the annual conference of the African Studies Association, held in Washington this year.  This gave me the chance to hear presentations by and informally rub elbows with some of the most knowledgeable experts on Kenya and African democracy and governance from a variety of places and institutions around the world.  The summary overview is that as we approach four years from the last election, there is so much that is still “up in the air” about the next one that it is impossible to know much about how it will play out.

Here is my view of where things are:

1.  The election date remains in active dispute.  Much Kenyan opinion holds that the new Constitution mandates an election in August of 2012 which is fast approaching.  The members of the brand new electoral commission have said in the recent past that they cannot be ready by then.  The Cabinet has just withdrawn a bill in Parliament to amend the Constitution to move the date [update: the Speaker has ruled that the bill may be re-filed tomorrow and be heard] and the Supreme Court has ruled that the matter must come up through normal channels through the High Court rather than be determined by an advisory opinion.

2.  While it is positive that the new Independent Electoral and Boundary Commission has been formed in a process widely seen as appropriate, the time involved means that we do not yet even know the constituencies and boundaries for the new elections; further this new Commission is untested.

3.  The issue of implementing the gender balance in Parliament under the new Constitution remains unsettled.  A lot of seats and salaries are at stake on this issue.

4.  Candidates, parties and coalitions remain very much unsettled and can be expected to remain so.   There has been very little obvious progress in actually enforcing the laws governing political parties and elected officials in relation to parties.  The relationship between “parties” and “coalitions” remains elusive.

5.  Politics in Kenya certainly seems more openly ethnic now than at a similar time in the 2007 election cycle.  One could perhaps make the argument that it is better to have it more “on the table” rather than “under the table”, but I do not necessarily buy that.  Regardless, there is this time no basis for outsiders to underestimate it.  How this will play out in the campaigns is unknown.

6.  Like in 2007, we have high inflation rates for staples such that the wananchi are being squeezed on the basic cost of living–while the GDP growth rate in the region and in Kenya is much less robust than in 2006-07–all aside from the drought and food crisis in many regions.  Whether this will get better or worse as the election approaches is unknown.

7.  Corruption remains a huge issue.  Overall there may have been some small progress at the margins, but in reality the accumulation of exposed cases of major graft in which no one major has been prosecuted just continues to grow.  The corruption in the 2007 election specifically was swept under the rug.  No one has been held accountable and the facts have remained concealed enough that any politician or spokesman can say whatever they want about what happened last time.  It seems to me hard to argue that there is much deterrent in place to attempts to corrupt the 2012 elections.

8.  The threat from terrorism seems to be greater and this time Kenya itself rather than Ethiopia is at war in Somalia.

No one that I heard or talked to seemed to feel that we knew much more about how the next Kenyan election might play out now than we did when I attended the same conference in New Orleans in 2009.

And yet, I picked up on what I see as disturbing reports of a repetition of the complacency that we got burned by in 2007.  At the risk of sounding “preachy” I want to argue passionately that this is a mistake.

Okay, Kenya had a peaceful and well accepted referendum in 2010 when there were worries about violence.  Let me explain why I don’t think at means so much in regard to 2012.

First, the referendum was not a close election–just as the 2002 NARC election was not a close election.  The question in the referendum was how big the margin would be, not whether it would pass.  Since the outcome of the referendum was not in play it would not have been impacted by violence or protests one way or the other.  In 2007 the outcome was in play and disputed and violence served the interests of both sides to a point.

If there had been no protests regarding the election Odinga would never have become Prime Minister–and the incumbent government was clearly committed to not allowing protests, and clearly prioritized keeping power over security for the public.  At the same time, if there had not been a murderous mobilization of Kalenjin militias against Kikuyu in the Rift Valley to the point of what Assistant Secretary of State Jendayi Frazer controversially labeled “ethnic cleansing” there might have been some remedial action about the subversion of the election count itself.   This was the approach initially advocated by the EU and other Western countries.  I would like to think that if this militia violence in the Rift Valley had been less egregious that perhaps the higher levels of the U.S. government might have come around to some form of election remediation in spite of the U.S. Ambassador’s approach.  Obviously I have no way to know–but the point remains, I think, that even the violence against Kikuyu in the Rift Valley in a way indirectly helped keep for Kibaki the new five year term that the ECK awarded him.

The bottom line is that violence ended up “working” in a sense for certain political interests in 2007-08–and the price was paid only by the wananchi so far–whereas there was no political utility for such violence in 2010.

Further, the referendum was a national vote and the outcome at individual polling centres and in localities and regions did not directly matter–very unlike the simultaneous election of the President and MPs and local officials in Kenyan General Elections.

On balance, the 2010 Referendum seems to me to provide less reasonable assurance about a clean and safe General Election in 2012 than the2002 General Election and the 2005 Referendum would have provided in 2007.

There are Kenyans whose opinions I respect who think that the era of election violence is over in Kenya because of the actions of the ICC to date.  Perhaps.  I hope they are right, but I do not see that it makes sense to bet anyone’s life on it. Which presidential contender today is showing up in the polls as less popular because he was charged by the ICC prosecutor and named in various investigative reports about the post election violence?  Who knows what will happen with the ICC process or what impact it will ultimately have?

The key for Western donors is to be prepared for contingencies rather than guessing and gambling about what might or might not happen.  To have the political will to “call out” the electoral commission before the election if it abandons the practices and tools that are clearly necessary to have a transparent and reliable election.  To reserve judgment on the process until it is concluded.  To speak out, at least, if Kenya’s paramilitary  security forces are diverted for political purposes such as sealing off Kibera and defending Uhuru Park to keep it free of protestors.  To commit to transparency to assure trust.  And to decide now how to respond to violence if things go wrong later.

To close this, I am going to fulfill a personal request from someone from the West who was importantly involved in trying to help the process last time by linking to an account of a Kenyan investigative journalist to the Kriegler Commission about what was happening in Kibera in the last election.  I have to do this with a READER DISCRETION ADVISED WARNING–this is not “family-friendly” reading.  I have no personal knowledge of any of the specifics but this does come with the personal recommendation of someone very credible who knows the source well.  We all know that Kenyan politics can be murderous and there is no reason to be complacent.

Part Seven–One last FOIA cable on the 2007 Exit Poll

See the previous posts in this series:  Part One, Two , Three , Four, Five, and Six.

The last of the five State Department cables released to me last month regarding the USAID Kenyan exit poll is from February 21, 2008.  This is the cable with some redaction.  I suppose all of this may be out on the internet anyway via Wikileaks, but as I have noted previously I am not able to use that material and am only working with unclassified information provided through regular lawful means and published news.

The subject matter of this cable is “Secretary Rices’s February 18, 2008 visit with Kenyan business and civil society leaders.”  The names of the Kenyans are redacted.  On the U.S. side of the conversation were Secretary Rice, Ambassador Ranneberger and Assistant Secretary Jendayi Frazer, along with the spokesman for the National Security Council and a notetaker.  Here is the exit poll discussion:

______________ stressed the need for accountability–so that Kenyans who turned out in record numbers for the December election learn what happened to their votes, and the leaders behind vigilantism and state violence be held to account.  Constitutional reform, [s/he] said, is necessary to address two great problems:  gross partiality by the Electoral Commission of Kenya (ECK) and excessive power held by the executive branch of government.  Noting that Kenya’s Diaspora in the UK reportedly are mobilizing funds to support ethnic militias, ____ asked the Secretary to make sure that the same is not happening in the United States. [ S/he] then questioned why a survey conducted by the International Republican Institute (IRI) was not released that suggested that ODM candidate Odinga may have won the December elections.  IRI says the survey was in training analysis and has methodological errors calling into question its reliability.

Secretary Rice clarified that the IRI is wholly independent of the US government and that its views, analysis and conclusions should not be confused with USG policy.  Assistant Secretary Frazer underscored this by relaying that she was asked about the IRI survey by members of the United States Congress, and affirmed that she had no information about why the survey was not released and had no position on whether it should be released or not.

The cable, which was sent over Rice’s name and “from” the Secretary’s delegation, does not provide any information about the source of its statement that “IRI says the survey was in training analysis and has methodological errors calling into question its reliability”.  I never heard the “training exercise” justification for not releasing the poll within IRI, although I did see it from the Ambassador in his “web chat” Q & A a few weeks later in March, as I have noted.  Likewise, there were no bona fide issues with the methodology of the poll as conducted on December 27, as IRI later acknowledged in publishing the results in August.

Again, the “training exercise” notion is specifically contradictory to what Ranneberger wrote in his previous cables–as well as what I was explicitly told by USAID, as well as the purposes of the program set out in the USAID funding agreement to IRI.  Secretary Rice was right about IRI being independent, and the specifics of what she said are unexceptionable–however, the implication that the exit poll in Kenya that the Kenyan civil society leaders were asking for was somehow IRI “private property” is completely wrong as has been explained.  USAID initiated the poll and funded it with tax dollars–“for early intelligence for the Ambassador” as I was told on election day or as a check on potential election fraud as the Ambassador wrote in his cables to Washington before the election–and the US Government owned the rights to the data (not to say that Kenyans didn’t also have rights to it as well).

Ultimately, this only became complicated because certain people involved could not bring themselves, for whatever reason or reasons, to address the facts in a clear and forthright manner.

The quest for accountability to Kenyan voters has remained unanswered sadly.  A news story in the Daily Nation in 2011, in the final item on my chronology of links to coverage of the Kenyan election, reports from an alleged leaked cable that ten days before this February 18, 2008 meeting at the Ambassador’s residence, the State Department issued “visa bans” against ECK members based on evidence regarding bribery–but did not disclose this circumstance, or the evidence, at this meeting (I checked with a participant).  We, the United States, made clear that we were willing to step up financial and rhetorical support for reforms in Kenya–such as the new constitution–under a deal in which the new Kibaki administration shared power with the opposition under an Kofi Annan-brokered deal–but we brushed aside the issue of the fraud in the election.

[Note on the exit poll methodology and funding:  In preparing for the 2007 exit poll I had looked back at the 2002 and 2005 exit polls conducted under the same USAID program by IRI and Strategic Public Relations and Research–although everyone had been satisfied at the time, the USCD experts and I felt that we needed a lot more from this poll.  The election was expected to be much closer than the 2002 election and 2005 referendum and the outcome could come down to the 25% in 5 provinces requirement–the previous polls were less reliable at the provincial as opposed to national level.  I successfully pushed the polling firm, Strategic, hard to agree to do much more work for very little more money, since the funding that was added extend the polling program was comparable to that for the previous polls.  We had a small amount of additional funding through UCSD, but there was never any “private” IRI funding available to me in the East Africa office for our Kenya programming so I had no choice but to drive a hard bargain.  In a time of very high inflation in Kenya, of course, Strategic’s actual costs would be significantly higher in 2007 than on the 2002 or 2005 exit polls.  After the failure to release the poll on a more timely basis ended up in the New York Times in 2009, IRI pulled out a lot of irrelevant material from pre-contract negotiations with Strategic.  This had nothing to do with waiting for several months to release the poll under the methodolgy that was ultimately agreed to by IRI and UCSD, and Strategic, with the implicit blessing of USAID, shortly before the election.]

Gettleman reports on Somali TFG Child Soldiers–now what?

Jeffrey Gettleman’s Sunday NY Times story about child soldiers fighting on “our side” for the TFG is moving and has some “legs” in terms of popularity on the web site.

At the same time, it would appear that the U.S. administration through the Biden visit to Nairobi was intending to soften up and be more supportive of the Kenyan government because of the perceived threat to U.S. interests from Somalia. Certainly the message from the Kenyan V.P. Musyoka’s visit to Washington a few months ago was just that–the U.S. should let up in Kenya and support the Government in traditional Cold War/GWOT fashion as a bulwark against Somali and Somali-based terrorists. Jendayi Frazer herself said not long ago that Obama’s Somalia policy was substantially the same as Bush’s.

To me, the question we ought to ask is whether since the policy has been conspicuously unsuccessful in recent years we ought to do more of it because the problem is now worse, or whether we are open to adaptation.

High level U.S. Delegation carries requests to Museveni on fair elections and Iran sanctions

Ambassador Johnnie Carson, Assistant Secretary of State for African Affairs, was joined by the acting Assistant Secretary of State for International Security Affairs and Non-proliferation, and by General “Kip” Ward, AFRICOM Commander, in meeting Wednesday with Ugandan President Museveni. According to the Daily Monitor the U.S. was requesting that Museveni agree to reconstitute the Ugandan Electoral Commission ahead of next year’s election and support a U.S. draft resolution on Iran sanctions with Uganda’s current vote on the UN Security Council.

Museveni rejected the request regarding the Electoral Commission. Inter-Party Cooperation (“IPC”), the grouping of four opposition parties, has said that it will boycott next year’s elections if the composition of the Electoral Commission is not reconfigured. No word on the answer on the U.N. sanctions vote but it doesn’t sound positive.

On the electoral issues, The New Vision reports:

Museveni advised the delegation and other foreigners, who are approached by the “opportunistic” opposition members about Uganda’s problems to always, offer them a cup of coffee and send them back because Uganda has structures that can solve its problems.

On international issues:

Museveni challenged Americans to give him concrete evidence that the Iranians are developing nuclear weapons and that they have refused to comply with the regulations.

On Somalia, the President said there was need to take tougher action against the terrorists and ensure a roadmap towards elections so that the Somali people recover their sovereignty from the gunmen.

Discussing the Sudan issue, the Americans assured Museveni of their commitment to full implementation of the Comprehensive Peace Agreement. Carson said they were preparing for the eventual outcome of the referendum expected to take place in April next year.

Carson’s immediate predecessor at the Africa Bureau, Jendayi Frazer, is with the Whitaker Group, the lobbyists for the Museveni government in Washington.

Kenyan PM Odinga Speaks Out on Election, “Dubious” Post-Election Role of Jendayi Frazer and Ambassador

We’ll stay on and fight for reforms: Raila from The Sunday Nation

The key quote:

Friends of Kenya played a major role in getting both sides to talk. British Prime Minister Gordon Brown was a key player. He called me at night and talked genuinely and passionately about developments happening in the country. He said he was willing to use his influence to facilitate negotiations. He also spoke to Mr Kibaki and relayed a similar message.

At that time, the US was playing a dubious role. The US Ambassador (Michael Ranneberger) was trying to manipulate diplomats in Nairobi. He was very quick to accept the results. (Then US Assistant Secretary of State for African Affairs) Jendayi Frazer also arrived and played a dubious and ambiguous role.

The British PM was more forthright and engaged genuinely.

On the election:

The election in 2007 will go down as a watershed in Kenya’s history because of the manner in which the vote tallying was manipulated. In the past, people had known that elections are manipulated. But that was before the era of Information Communication Technology and particularly before mobile phones became widely available. The mobile phone changed everything. It was now possible for results to be relayed instantly from every polling station in the country.

We in ODM had set up a very elaborate communication network and, by midday on December 28, we had a good idea what the results were. Media outlets were also announcing results directly from polling centres and the whole country could see what the result of the election was. There is no doubt in my mind and in the minds of many Kenyans what the outcome of that election was.

Eventually, the tallying of the vote was manipulated at the Kenyatta International Conference Centre. Kenyans only blame the Electoral Commission of Kenya (ECK) but it was a far wider operation. ECK officials were heavily coerced by the state security apparatus, including the intelligence services, the police and especially the Administration Police.

This is the first time I have read of the PM speaking explicitly in this way on the record. Obviously Frazer is out of government and into the lobbying world with the firm representing Museveni, as well as her academic post, and Ranneberger’s tenure is winding down–perhaps this is intended to be a signal that the expectations for reform run both ways.

HT CK in Nairobi–had managed to miss this.

We don’t know who won poll, says envoy–Standard reports from 2nd Anniversary of “Power Sharing”

By David Ochami

The US Government has defended its quick recognition of President Kibaki’s controversial win of the disputed December 2007 presidential election.

However, US Ambassador Michael Ranneberger admitted that to date the US was not sure who won the election. Mr Ranneberger on Sunday said power sharing between ODM and PNU had not brought the desired dividend against impunity and corruption.

“The election was disputed. We did our best to get to the bottom of it. It is almost impossible to say who won,” he said.

The envoy spoke on the second anniversary of the signing of the National Accord and disputed perceptions that former Under Secretary for African Affairs Jendayi Frazer’s intervention at initial stages of the post-election crisis favoured Kibaki’s win.

Addressing the Press in Addis Ababa in 2008, Dr Frazer suggested that opposition supporters in Rift Valley were cleansing Kibaki’s tribesmen from the region. She later retracted the reference a few days after Ranneberger led the US’ recognition of Kibaki’s disputed win. As violence spiralled across the country, the US withdrew the recognition.

On Sunday, Ranneberger claimed Frazer’s statements and US recognition was forced by circumstances.

He said the US had little recourse after the Electoral Commission of Kenya declared Kibaki winner.

“We knew there was no possibility of a recount in the circumstances,” the envoy said, adding that after violence broke out, the US led foreign powers in calling for AU mediation and a negotiated settlement.

Two years later and the same ambassador giving similar answers to the same questions, about events from two years ago. I think it is fair to say that he hasn’t been particularly persuasive.

HT to DS in Nairobi

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”.