“The War for History” part eleven–what did I mean in Part Ten in referring to Ranneberger “trying to quash” poll results showing Odinga taking the lead in the presidential race in September 2007?

In response to a reader inquiry, I want to make a clarification of an incident in September 2007 I referred to as background in Part Ten of this War for History series and addressed in more detail in an e-mail…

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Another year goes by: Eight years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

The fifth sixth eighth anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi was this past Thursday Sunday.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

.  .  .  .

Unfortunately, in these five years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police.  Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity.  The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

(more…)

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Part Ten–FOIA Documents from Kenya’s 2007 Elections–Ranneberger at the ECK: “[M]uch can happen between the casting of votes and final tabulation of ballots and it did”

Westlands Primary-Line to Vote X

Another document released to me from my FOIA request to the State Department for documentation of the State Department observation of the Kenya elections is a cable from Ambassador Ranneberger from January 2, 2008 reflecting what he witnessed at the ECK. This was primarily declassified, with a few redactions.

Here are key excerpts, which deserve to be read carefully by those preparing to try for better elections this time.  It pretty well clarifies what Ranneberger saw as a credentialed observer at the ECK, and what he wanted to do, or not do, about it.

2. As previewed in ref B, much can happen between the
casting of votes and the final tabulation of ballots and it did.
This message recaps developments reported in refs, provides current
state of play, and discusses next steps. Much of our reporting
during the past three days has been done by phone given our
intensive focus on operational issues, particularly efforts to
promote a positive outcome to the election imbroglio.

3. Elaborate procedures were in place (much of it with U.S.
support) to ensure transparency and accountability of the ballot
tabulation process. . . .

5. ECK officials and observers pursued these
allegations to some extent, but the ability to do so was
constrained by lack of time, original data from polling
stations, and by the behavior of a number of ECK officials
who delayed returning results and submitted incomplete or
clearly altered documentation. Moreover, the ECK has no
authority to open ballot boxes; only the courts do. During
the night of Dec. 29, ECK officials together with
representatives of the PNU and ODM, reviewed the tabulations,
but neither side was satisfied that the review had fully
addressed their concerns. The ECK partial review of the
irregularities was also of questionable credibility, given
that all of the commission members were appointed by the
Kibaki government, and a number of them were suspected of
being clearly biased and/or involved in doctoring at ECK
headquarters. The Chairman of the ECK, Samuel Kivuitu, who
was widely respected, was surrounded by staff of uncertain
reliability and competence. It is worth noting that
parliamentary results were not disputed because they were
tabulated and announced at constituency tabulation centers,
thus allowing no interference at ECK headquarters.

6. Kivuitu has only limited authority as head of the
ECK. The ECK works on a majority vote system. It is also
important to note that the ECK is required by law to announce
the results as received at the ECK from the tabulation
centers. Some obvious irregularities like reporting
unrealistically high turnout or clearly altered results can
be rejected. There was, however, only a rejection of the
results in one constituency in which violence resulted in
destroyed ballots. Other alleged irregularities, such as
announcing results that ECK personnel personally inflated
should have been, could have been, but were not corrected. At
one point Kivuitu told me that his concerns about the
tabulation process were serious enough that “if it were up
to me, I would not announce the results.” In the end, he
participated with other commissioners in an announcement late
on the 30th, which turned rowdy when Odinga walked with armed
bodyguards into a room packed with observers, including me,
party agents, and media Kivuitu and the other commissioners
retreated to their upstairs offices, where the results were
announced. Kibaki was quickly sworn in (this was (more…)

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