THE Book on Recent Kenyan Politics to Read in 2011

The Politics of Betrayal; Diary of a Kenyan Legislator by former journalist and MP Joe Khamisi was published early this year and made a big stir in Nairobi with portions being serialized in The Nation.  Khamisi is definitely not your average politician in that he got a journalism degree from the University of Maryland, worked for years as a journalist, and became managing director of the Kenya Broadcasting Corporation and worked in the foreign service before being elected to parliament from Bahari on the Coast in 2002.

Khamisi was part of the LDP, the Liberal Democratic Party, and in 2007 became an ODM-K insider with Kalonzo.  While there is inherent subjectivity in a political memoir from one particular actor, Khamisi’s background in journalism serves him well.  While I cannot vouch for his accounts of specific incidents that I do not have any direct knowledge of, and I do not necessarily agree with his perspective on some things and people, he seems to try to be fair and there is much that he writes that rings true to me from my own interactions and observations in the 2007 campaign.

From his chapter on “The Final Moments” of the 2007 race, at page 223:

It needs to be said at this point that Kalonzo’s appointment as Vice President was neither an afterthought by Kibaki, nor a patriotic move by Kalonzo to save the country from chaos.  It was not a miracle either.  It was a deliberate, calculated, and planned affair meant to stop the ODM from winning the presidency.  It was conceived, discussed and sealed more than two months before the elections.  It was purely a strategic political move; a sort of pre-election pact between two major political players.  It was s survival technique meant to save Kibaki and Kalonzo from possible humiliation.

In our secret discussions with Kibaki, we did not go beyond the issue of the Vice Presidency and the need for an alliance between ODM-Kenya and PNU.  We, for example, did not discuss the elections themselves; the mechanisms to be used to stop Raila; nor did we discuss whether part of that mechanism was to be the manipulation of the elections.  It appeared though that PNU insiders had a far wider plan, and the plan, whatever it was, was executed with the full connivance of the ECK .  What happened at the KICC tallying centre–even without thinking about who won or lost–lack transparency and appeared to be a serious case of collusion involving the ECK and officials at the highest levels of government.  It was not a coincidence that the lights went off at the very crucial moment when the results were about to be announced; nor was it necessary for the para-military units to intervene in what was purely an administrative matter.  The entire performance of ECK Chairman Kivuitu and some of the Commissioners was also suspect and without doubt contributed to the violence that followed.

Kibaki’s PNU seeks Government Control over Political Opinion Polls [Updated]

From the Star, “Ban Opinion Polls — PNU”:

President Kibaki’s Party of National Unity is now planning to control opinion polls. A team of PNU lawyers working with MPs Jamleck Kamau (Kigumo) and John Muthutho (Naivasha) are drafting a Bill to control opinion polls conducted by research companies and even media houses.

Kamau yesterday filed a party motion in Parliament calling for regulation of opinion polls. The Bill will create an Opinion Polls Control Board to regulate the conduct of surveys.

One clause under consideration is a requirement that the Board approves all questionnaires in advance and authorise results of surveys before they are released to the public. The Bill is intended to end political opinion polls altogether, according to inside sources.

Yesterday Kamau, the PNU vice chairman, confirmed the upcoming crackdown. “Mututho and I are working on a Bill that will put discipline and restore professionalism in the operations of research so far as opinion polls are concerned. This will be in the House in a matter of weeks,” said Kamau.

In April Synovate said that Prime Minister Raila Odinga was the preferred 2012 candidate was for 38% of Kenyans; Uhuru 18%, Kalonzo 13% and Ruto 8%. PNU politicians, including Vice President Kalonzo Musyoka, have been criticising political opinion polls in recent months. Kalonzo accused research companies, especially the market leader Synovate, of doctoring opinion polls in favour of Prime Minister Raila Odinga.

.  .  .  .

Yesterday the Managing Director of the Synovate Kenya George Waititu said that the research industry will suffer severely if the two MPs and the PNU succeeded in pushing government into regulating the industry. “This is actually war on the freedom of expression and an attempt by the two MPs to gag the media because it is the media that publishes those polls,” Waititu said.

He explained that opinion polls should be allowed to flourish as it allows citizens to express their opinions on matters relating to governance and other fundamental issues. “The proposed legislation will only introduce bureaucracies that will keep marketing research companies out of business,” he said.

Waititu said ethics and ‘push-polling’ were matters of concern, but government involvement will only undermine the democratic practices. Waititu said research companies in Kenya operate under the Market and Social Research Association that has rules governing their operations. Other researchers in Kenya include Infotrak, Consumer Insight and Strategic Research.

In the months before the 2007 election the Government proposed draconian regulation of the media.  Now, with elections coming again, there are those in power who seek control over polling.  No big surprise as long as it is appreciated how the last election went.

The performance and professionalism of the polling industry in Kenya compares quite favorably to that of Parliament and certainly of any Kenyan government regulatory authority I encountered.  As IRI director, I continued a successful relationship with Strategic and also used Synovate for a key pre-election poll.

In general terms, the development of polling in Kenya is a success story–and it is for that reason that it threatens politicians who want to have the unilateral power to tell the public, through a docile media, what “the facts on the ground” are.

[IRI played a role over a period of years in the development of polling, through its USAID funded survey program, including the exit polls in the 2002 election and the 2005 referendum.  This is part of why I was offended at the decision of IRI’s Washington office to denigrate the quality of the 2007 exit poll to justify not releasing it in January and February 2008.  IRI corrected itself in August 2008 and released the exit poll results at that time after they were released by the University of California, San Diego team in Washington.  Obviously a Government of Kenya “Control Board” would have made sure that the exit poll showing the opposition winning never saw the light of day.]

Update:  The Daily Nation, “MP’s plan to regulate opinion polls opposed”:

Synovate and Strategic Research demanded involvement in the drafting of a Bill on the polls should the Party of National Unity’s MPs go ahead with a motion that was filed in the House on Wednesday.

Mr George Waititu of Synovate and Mr Caesar Handa of Strategic Research termed the attempt by MPs Jamleck Kamau and John Mututho as a step backwards.

“We are operating in a political market in which there is a lot of information in the public domain. One would hate to go back to the dark days when only politicians could give out information,” said Mr Waititu.

Don’t Turn Back on the ICC for Kenya [Updated]

The Kibaki administration has obviously made some headway in the diplomatic effort to “defer” the ICC cases against “the Ocampo 6” suspects.  The endorsement of the African Union, although it should come as no real surprise, may help give cover to others looking for an excuse to duck facing up to issues of accountability for Kenya’s 2008 post-election violence.

The the tenor of discussions by Deputy Secretary of State James Steinburg with Kenyan politicians last week was reported differently in different media outlets.  I will hope that The Nation, which is ordinarily pretty reliable on those things that it is willing and able to report, has it right:

US Deputy Secretary of State James Steinberg while visiting Kenya said on Thursday that his government would not support the deferrals, especially if they were meant to protect the suspects.

“What is critical is to make sure accountability is achieved and impunity is avoided,” he said. Mr Steinberg said the UN Security Council had not communicated with the US as one of its permanent members on the AU’s deferrals request.

He added that because the ICC is the mechanism available and which Kenya submitted to, the US was in its full support.

“The US feels strongly that accountability is a critical element of making sure Kenya can move forward and deal with the past as well as build a strong future,” Mr Steinberg said in Nairobi.

News of the US position flies in the face of reports that the government is preparing for a second round of shuttle diplomacy that will take it to nations, some of which hold the key to the decision the country is seeking.

Let’s be clear  about the issue:  the point of this initiative by the Kenyan administration is to save the “Ocampo 6” from prosecution.  The decision to “go to the Hague” rather than institute a “local tribunal” was made long ago.  Only when Ocampo’s six suspects were named did the administration jump in and dispatch Vice President Kalonzo Musyoka to other African leaders to court support at the AU to block the prosecution.

Likewise, let us be clear about the timing in regard to the implementation of the new Kenyan Constitution and the next Kenyan presidential election in 18 months.  The constitutional referendum went to the voters way behind the schedule anticipated in the 2008 “national accord” establishing the “Government of National Unity” and the “reform agenda”.  The establishment of a local tribunal to address the post-election violence was never dependent on or tied to the new constitution–bills to establish a local tribunal were submitted in Parliament and voted down, allegedly in favor of “going to the Hague”.  Now that the new Constitution has passed, the political establishment is dabbling with implementing it.  Nothing has happened yet that fundamentally changes the nature of the Kenyan justice system, and it will take months or years even if Kenya’s political leaders change their minds (or characters) and work at it seriously.  Look at the Truth, Justice and Reconciliation Commission, which was also mooted as an alternative to prosecution for the post-election violence.

With the 2012 election 18 months away, it is simply too late for a new meaningful legal alternative to the ICC to try major players in crimes against humanity from the 2007 election.

The next step is apparently to lobby the UN Security Council to intervene to stop the ICC.

The current political elite in Kenya holds its status on a foundation of accumulated impunity.  Undermining this foundation involves change, inherently unpredictable, and risk.  A decision by the Security Council to politically interfere with the ICC process now to preserve that impunity for the Kenyan elite would strike me as a massive display of moral cowardice at a time when, if ever, we should all know better.

The polls have consistently shown that the great majority of the Kenyan people support the ICC process.  Most of Kenyan civil society is engaged to support justice.  This whole situation arose because members of the governing elite were not willing to trust the 2007 election to the people.  We need to stay the course on reform and the ICC now.

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.

Lessons from South Mugirango?

The victory, by a huge margin, of the candidate of the now-small FORD-People party, indicates that at least in this constituency voters were not all that concerned about supporting the candidate of the national ODM leadership and campaigned for by Raila, or the PNU candidate endorsed in person by Kibaki and Kalonzo. Likewise, it clarified that ODM has split in part as has PNU.

Obviously the Political Parties Act has not yet resulted in any real clarity about party membership and stability and “coalitions”–as long as individual MPs continue to be “free agents” and party labels mean different things from one week or month to the next the effectiveness of Parliament, and its power vis-a-vis the executive, will be constrained.

The electronic reporting of voting results seems to have worked, on this one-off basis. The election was not close. We know from December 2007 what can happen when complacency sets in about the performance of an Election Commission due to limited examples of past performance, but at least the IIEC seems to have made this work.

Obviously there was plenty of misbehavior by candidates and their supporters–not too much indication that people are really sobered by the experience of 2007-08. At the same time, there was heavy security and things didn’t erupt. And, people probably got to chose their candidate at the end of the day.

Kenyan Parliament Opens Tuesday

The opening of Parliament promises to showcase the political wrangling toward 2012, as well as the key thing that Members seem to be fully dependable on: salary and expense increases. The most important business, consideration of a new constitution, will kick off with the delivery of the latest “harmonized draft” from the Committee of Experts to the Parliamentary Select Committee on the Constitution on Wednesday, with the Committee to then table the draft on the 25th for 30 days of debate.

The opening ceremony will feature the opportunity for President Kibaki and Prime Minister Odinga to be in the same room at the same time under strained circumstances–a bit of a reprise of the opening of the first session of this 10th Parliament back in 2008. Of course, at that time Odinga was the leader of ODM as the majority party that proceeded to elect the Speaker in during the contested post-election period, whereas he is now Kibaki’s “partner” in the Grand Coalition, and Prime Minister, at least on paper.

PNU stalwarts seek to challenge ODM by moving to change house rules to provide to the President the unilateral power to appoint the leader of government business, with the intent that Kibaki would then appoint VP Kalonzo Musoyka, the erstwhile leader of the ODM-K. See my post with the choice words Kalonzo had for the performance of Kibaki when he was running for the ODM nomination back in the summer of 2007. This will of course raise the question of whether Agriculture Minister Ruto, having been “suspended” by Prime Minister Odinga and “unsuspended” by President Kibaki remains in a meaningful sense aligned with ODM, of which he holds a deputy position, or sides with Kalonzo and Uhuru Kenyatta and others on the PNU side of the “Grand Coaliton”. A move to add to the unilateral powers of the Presidency, in regard to the Parliament, is also an interesting element in terms of what Kenyans might expect in regard to a new constitution.

Parliament is also to take up the matter of finally appointing a new head of the Kenya Anti-Corruption Commission in the face of renewed public and diplomatic pressure on corruption.

Here are the stories from the government’s KBC, the Daily Nation, and the Standard.

Mwingi Duka–Kalonzo


Mwingi Duka–Kalonzo

Originally uploaded by Ken’sFlotographs

In honor of the Kenyan publicity tour in Washington led by the Vice President.

New America Foundation Event moderated by Steve Clemons on Wedneday

Terrorism and Humanitarian Crisis Along the Kenyan-Somali Border

A Kenyan Perspective

Please join the New America Foundation in a discussion with a Kenyan Delegation about Kenya’s border with Somalia.

Participants

featured speakers
Hon. Kalonzo Stephen Musyoka
Vice President
Republic of Kenya

Hon. Kenneth Otiato Marende
Speaker of the National Assembly
Republic of Kenya

Hon. Samuel Lesuron Poghisio
Minister of Information and Communications
Republic of Kenya

moderator
Steve Clemons
Director, American Strategy Program
New America Foundation
Publisher, The Washington Note

10am Wednesday, February 3

Kenya To Launch Publicity Campaign In The US [Mwakilishi.com] and Denies Reports it is Arming Southern Sudan [VOA]

Kenya To Launch Publicity Campaign In The US | Mwakilishi.com

VP Kalonzo Musyoka and Speaker Marende to New America Foundation and to visit IRI and NDI in Washington.

Meanwhile, the Kenyan Government denies reports it is helping to arm Southern Sudan, including reports that the tanks brought to Mombasa on the M/V Faina in 2008, after being held by pirates, are now in Southern Sudan.

Kenya’s Vice President: “My Vision for a Great People”

“Ironically, nearly all the time, the role of Government has been to pull back the population through embezzlement of their tax contributions in immoral, treacherous and unbelievable corruption scandals. Mismanagement of public affairs and general destruction of the economy, sleaze and ineptitude have been the hallmarks of Government. . . . The standard of life, therefore remains woefully low. . . .

.   .   .   .

[T]he democratization ‘achievements’ so far are both superficial and deceptive. . . . the ability of the Kenyan people to hold the Government to account–whether through the National Assembly or through electoral action, or through civil society action–is so severely constrained that Kenyans find themselves helpless even in the face of an offensive regime that is also characterized by broken promises such as a new and desirable Constitution, a commitment to fight crime, creation of employment, fairness in allocation of all public resources and an end to corruption. . . .

.    .   .   .

Corruption is the hallmark of senior officials in Government. . . .Corruption has reached such levels that it threatens to write off the future of our country.  It has bred such disorder in our society that rules are disregarded and national wealth squandered at will. . . . I repeat, the problem with Kenya is simply and squarely a matter of bad leadership and poor governance.”

Kalonzo Musyoka, on the Kibaki Administration, in 2007

This is what the now-Vice President of Kenya had to say in the campaign booklet he gave me when I went to meet with him the first week of June 07 when I arrived in Nairobi to step in as the Resident Director for the East Africa office of the International Republican Institute.