Here is the story from The Daily Nation: Raila won 2007 election says Macharia.
The truth trickles out gradually. Of course, those of us involved in the Election Observation for the International Republican Institute were following those results being reported live on Kenyan television from our headquarters in Nairobi during that Friday-Sunday after the election on Thursday, December 27, 2007. Dr. Joel Barkan, our expert, explained by Saturday night that based on the numbers that were reported, it appeared that Kibaki could not win. (Part of the reason why I was surprised to be told early Sunday morning by our “lead delegate” that “it’s going to be Kibaki” during the time when the Electoral Commission of Kenya had suspended the announcement of results.)
I understood that Joel’s public statements back in Washington that we couldn’t say for sure that Raila won, but could say that Kibaki lost reflected that known results as reported by the media houses showed Kibaki could not have gotten the most votes. Realistically, under the first past the post system under Kenyan law at that time, this leaves Raila winning (since he didn’t lose his Kibera constituency to Stanley Livondo).
I assumed that one of the primary motivations for John Michuki’s then-notorious order suspending live broadcasting by the media houses from December 30 was to facilitate making sure those results that the media houses “took down” did not “resurface” after ECK Chairnan Samuel Kivuitu announced to an audience limited to the State-owned Kenya Broadcasting Commission that Kibaki had won after all.
As we know from my Freedom of Information Act Series research, Ambassador Ranneberger reported to Washington that he had personally witnessed the changed tally sheets at the ECK along with EU Observation Chief Lambsdorff. [In particular, see Part Ten, Ranneberger on ECK, “Much can happen . . . and it did”]
Unfortunately, Ranneberger nonetheless initially asked Kenyans to accept the results of the election without disclosing what he had witnessed and congratulations were quickly issued from a spokesman for the State Department back in the U.S. that Sunday. Subsequently we retracted the congratulations, said there were problems with the election and took the position that there was supposedly “no way to know” who won–still without disclosing what Ranneberger witnessed until his January 2, 2008 cable to Washington was declassified (with redactions) in response to my FOIA request.
As for the media house evidence, this stayed buried until now. The ECK never did publish any polling station, or even polling centre, results at all in the presidential race. The Kreigler Commission stayed off the presidential tally at the ECK–even though it was part of their legal charge as fairly construed.
After the election debacle, Ranneberger did spend a significant amount of energy promoting “the reform agenda” going forward during his remaining years in Nairobi. Unfortunately, it appears that “reform” largely failed to take (because reform built on a foundation of impunity for corruption was “a house built on sand”).
For more see my “War for History Series“.
And from the news before the holidays:
The Standard headlines John Githongo’s day in court on Anglo Leasing after all these years. Of course, Kibaki knew.
Sadly, embarassingly, the testimony comes not in a criminal prosecution of the looters, nor an action by the Government of Kenya to recover any of the millions of dollars lost–nor even a defense against claims for fraudulent debt–but rather in Githongo’s defense of himself in a libel action by one of those implicated in Githongo’s corruption disclosures when he left office in 2005.
It has been such a disappointment to me to see comfortable Westerners celebrate and bask in the reflected glow of Githongo’s courage as a whistleblower over the years while ultimately selling him out by looking the other way while at the next election the tallies were rigged to keep Kibaki and his cohort in power, followed by the Uhuruto succession after which the Government paid huge additional sums on Anglo Leasing debt and went on its merry way to ramp up corruption to new heights.
Kenya will not be secure so long as its Government remains so pervasively corrupt. Foolish fickleness by the U.S. and others in the West buys us nothing of value.
I wrote about my most important conversation from the 2007 campaign in Kenya here in installment 13 of my “War for History” series:
Fresh from my first meeting with the American Ambassador with his enthusiasm for the current political environment and his expressed desire to initiate an IRI observation of the upcoming election to showcase a positive example of African democracy, I commented to the Minister over breakfast in our poshly updated but colonially inflected surroundings on the seeming energy and enthusiasm among younger people in Nairobi for the political process. I suggested that the elections could be an occasion of long-awaited generational change.
He candidly explained that it was not yet the time for such change because “there has been too much corruption.” The current establishment was too vulnerable from their thievery to risk handing over power.
Unfortunately I was much too new to Kenyan politics to appreciate the gravity and clarity of what I was being told, and it was only after the election, in hindsight, that I realized that this was the most important conversation I would have in Kenya and told me what I really needed to know behind and beyond all the superficialities of popular politics, process, law and diplomacy. Mea culpa.
After we ate, the minister naturally left me with the bill for his breakfast and that of his aide. . . .
With the latest news of scandal from the Ministry of Health, following the National Youth Service and Devolution Ministry scandals, it would seem that we are on familiar ground. The Minister from my 2007 breakfast remains an interlocutor and leader of the formation of the “Jubilee Party” now as he was of the “Party of National Unity” as Kibaki’s 2007 re-election vehicle. (Same person who explained later which bills he would use to bribe which voters based on poverty and gender.)
In the 2007 campaign, the local World Bank representative and US Ambassador Ranneberger provided significant public support for the Kibaki Administration on the corruption problem faced by the re-election campaign in the wake of the Anglo Leasing scandal and the revelations by John Githongo and others. See Part Five of my Freedom of Information Act Series.
(I understand that Ranneberger was outspoken against corruption later, after the disaster of the stolen 2007 election and the PEV; also that he was publicly against corruption in the very early part of his tenure in 2006, before the Kibaki re-election geared up and, perhaps coincidentally, before the the Ethiopians entered Somalia to restore the TFG and displace the ICU. I stand by my characterization of his public voice to Kenyans during the campaign.)
My government has been awfully quiet
about the burgeoning scandals in the Uhuruto administration. It’s interesting to remember that then-Senator Obama was noted for his “tough love” and blunt words on corruption during his 2006 visit to Kenya (again in the very early days of Ranneberger’s tenure). Part of this season’s “public diplomacy” has been a “partnership” agreement to fight corruption between the Obama and Kenyatta administrations from the President’s Nairobi visit last year, but we don’t seem to talk about it much publicly in terms of implementation.
It is none of my business who Kenyans vote for next year. It may be that most Kenyans, like the majority of Americans, are likely to end up voting in ways that are fairly predictable “culturally” for the time being and will filter their perceptions of government performance accordingly.
But it does not have to be the case that my government tacitly enables corruption in Kenya’s government.
I don’t like to pay to replace Kenyan public services in vital areas like health that Kenya’s government could well afford but for greed and corruption. I don’t like to see sophisticated Kenyan elites take Westerners for useful idiots to enrich themselves and their personal networks while stealing from the poor and sick. And even if we are not willing to seriously undertake the hard and potentially risky challenges to meaningfully and consistently support democratic reforms–because it seems dangerous while Kenya is again a “Front Line State” in a neighborhood where other places where we have looked away from corruption, like South Sudan and DRC, are worse off, or because its a nice place to live and have meetings and do small things to help poor people and animals at (American) taxpayer expense or for whatever reason–I want my government to find and uphold its own democratic integrity to rise above playing footsie with fakers in Kenya.
In the meantime, it has been more than a year now with no documents from my 2015 Freedom of Information Act request about our assistance through USAID for the corrupted IEBC procurement process for the 2013 election, but IFES is soliciting proposals from Kenyans for innovation grants for 2017 under the big new USAID program “KEAP” for 2017. If we are not transparent, at a minimum, we cannot assist democracy or good governance.
We have all sorts of great, worthwhile assistance programs in Kenya, but in the big picture we work against ourselves and limit meaningful progress by supporting or coddling crooks and their offspring.
Raila Odinga has a couple of times recently made conspicuous public mention of the Kenya 2007 IRI/USAID/UCSD exit poll results identifying him as the winning vote-getter, including in his speech at the tenth anniversary of the founding of the Orange Democratic Movement party a few days ago, as well as a significant discussion in his autobiography.
Even a year-and-a-half after the Kenyan election, in July 2009, Kenyan Ambassador to the United States Peter Ogego said at the National Endowment for Democracy in Washington that it was important to get to the bottom of the situation with the U.S.-sponsored exit poll indicating an Odinga rather than a Kibaki win. The late Congressman Donald Payne, then Chairman of the House Foreign Affairs Subcommittee on Africa said at the same event that the poll should have been published sooner and that not releasing it had been a mistake, although IRI, he thought, had a “good reason” for not releasing it initially. This is the basic structure of what actually happened, contra what IRI claimed in a March 29, 2009 “rebuttal” to the New York Times investigation. (My point here is still not to berate IRI for continuing to publish this defamatory material worldwide, but I have sadly come to realize that many people seem to have been, surprisingly to me, actually misled by at least some of it.)
On Monday, January 14, 2008 the International Republican Institute’s Coalition for Electoral and Political Process Strengthening (CEPPS) manager submitted by email to USAID at 6:25pm our formal Quarterly Report on the Kenya polling program. The program had begun with an exit poll for the 2005 constitutional referendum and was scheduled to end with our final pre-election public opinion survey in September 2007, but an amendment that September added the exit poll for the 2007 general election.
Here is this January 14, 2008 report as released under the Freedom of Information Act:
In the report, we at IRI wrote:
Implementation of the December 2007 General Elections Exit Poll
IRI initiated discussions on the exit poll to be conducted during the December 2007 general elections. IRI reviewed the survey instruments, deployment plans, and schedules. Discussions between IRI, USAID, and the local polling firm, Strategic Public Relations and Implementation of the December 2007 General Elections Exit Poll
Research (“Strategic”), took place. Researchers from the University of California at San Diego also partnered with IRI to advise on the sample design, methodology, and data analysis, which they are using for independent studies on polling.
Training of Researchers
In consultation with IRI, Strategic conducted training sessions for the researchers collecting exit poll data. As with the previous polls, Strategic trained a number of researchers, who later deployed to the field as trainers of trainers (TOTs) to identify and train research assistants that would be used to collect data.
The training reviewed field resource management techniques, sampling, and interviewing techniques, as well as training to ensure that all staff had a good understanding of the questionnaire. The questionnaire was then pre-tested in various constituencies of Nairobi. The interviewers later met for a debrief and assessment of the pre-test before deploying nationally.
The poll was fielded on election day in Kenya, December 27, 2007. A group of 2,887 researchers from Strategic deployed in teams to 175 of 210 constituencies, covering all eight provinces of Kenya.
The interviewers were expected to carry out interviews approximately 100 meters from polling stations. The interviews were limited to people that had just voted, and the administration of the questionnaire varied from less than five to seven minutes. To ensure the validity of the sample, between 15 to 25 interviews were conducted at selected polling stations, and only every fifth voter was asked to participate. Strategic supervisors accompanied researchers to ensure the accuracy of reporting on a number of questionnaires. Researchers relayed immediate results to their direct supervisors, who then called in to Strategic’s data processing center in Nairobi.
During the implementation of the poll, researchers encountered certain challenges, such as the inaccessibility of some areas due to poor roads; poor network coverage; and hostility from polling officials and respondents. In one instance, a researcher’s questionnaires were confiscated by a polling official. However, these issues did not significantly affect the data collection exercise. (emphasis added).
As data was collected, it was immediately relayed to Strategic headquarters for compilation. However, data analysis for the exit poll was still ongoing through the end of this quarter. (through December 31)
Earlier that Monday the McClatchy newspapers ran Shashank Bengali’s story “Kenyan president lost election according to U.S. exit poll”.
I never thought of myself becoming a “whistleblower” in relation to my “democracy support” work on the failed 2007 Kenyan election as resident director for the International Republican Institute. I worked internally to press for the release of the USAID-funded exit poll contradicting the “results” of the election announced on Sunday December 30, 2007 by the Electoral Commission of Kenya and worked internally to try to uphold what I saw as required for the integrity of the IRI Election Observation Mission, also funded by USAID as a separate program.
From mid-December 2007 I was actively resisting what I understood to be, and described to my superiors in IRI as “some agenda” by the U.S. Ambassador in relation to the election itself, with the understanding that we were in complete agreement within IRI of the need for such resistance to attempted interference with our independence.
My Contracting Technical Officer at USAID was caught in the middle between me (and IRI) and the Ambassador. While she was directly answerable to USAID in Washington as I was to IRI in Washington, and the funding agreements for the programs were issued in Washington, as a practical matter, the Ambassador controlled the process. The Election Observation was initiated by the Ambassador specifically contrary to the prior planning of USAID (which was changed to accommodate him). The exit poll was added on to our polling program–contractually and as confirmed in our explicit conversations, as a check on potential election fraud–but really as she told me by phone on the afternoon of election day, as “early intelligence” for the Ambassador as to who was winning. I know she agreed with some of my concerns and it was certainly my impression from my interactions with her in the aftermath of the election that she felt as badly about what happened as she could allow herself to show in the context of doing her job. On balance I see her primarily as more a victim of rather than a willing participant in whatever the shenanigans were.
I complained internally about interference from the Ambassador by writing a long e-mail missive to the USAID CTO on Tuesday, December 18, 2007 following a phone conference with the senior IRI leadership in Washington in the wee hours of the morning Nairobi time. I do not have a copy of that e-mail and USAID did not produce it, or any of the other e-mail correspondence regarding the agreements in response to my FOIA request.
The IRI leadership had called me that Monday afternoon (their time) to follow up on my e-mail report on my private meeting with the Ambassador at his residence that Saturday, December 15. This was the e-mail noting the “some agenda” of the Ambassador and reporting that he had said “people were saying” that opposition candidate Odinga might, implausibly to my assessment, lose his own Langata parliamentary constituency and thus be disqualified from taking the presidency regardless of the outcome of the national vote, and the Ambassador’s desire to take our lead Election Observation delegate Connie Newman to meet with Stanley Murage, “President Kibaki’s Karl Rove,” on the day before the election to be followed by observing the election with the Ambassador and his staff rather than with our IRI delegation. I had gone to the Ambassador’s residence based on a phone call that Friday afternoon from an unidentified caller who “worked for the Ambassador” having been told by IRI’s president at the time, Lorne Craner, from Thailand, that the Ambassador wanted to talk to talk with me. As I have written, Craner had called Assistant Secretary of State Jendayi Frazer on his way to the airport, as he related it, to “get her Ambassador under control”, then followed up with a call to Ambassador Ranneberger upon arriving in Thailand, after the Ambassador had twisted my arm hard on Thursday to get his predecessor Ambassador Bellamy removed as an Election Observation delegate. My instructions from Mr. Craner were explicit: accept “no more b.s.” from the Ambassador.
I had been in a quiet “push-pull” on behalf of IRI with the Ambassador and his staff and USAID for some period of time over the independence of our Election Observation Mission before things came to a head with the issue of removing Bellamy, the proposed Murage meeting, etc., leading to my complaint to USAID.
As I have written, after Ranneberger’s meeting with myself and my boss and the late Amb. Rich Williamson in August in which Ranneberger again expressed his desire to have IRI observe the election, USAID told me they would “move heaven and earth” to make the observation happen and they came up with $235,000 of “Economic Support Funds” at the end of the fiscal year in September for the mission.
Ranneberger wanted, as I was told later by the CTO, to select all of IRI’s Observation delegates. She said that she explained to the Ambassador that this was not doable, but promised him as a minimum the approval of the “lead delegate”.
When she wrote up the Request For Proposals (“RFP”) for a Cooperative Agreement to conduct the Election Observation it was de facto directed to IRI, in accordance with the Ambassador’s previously expressed desire. The RFP was issued on a non-competitive basis to the CEPPS (“Coalition for Political Parties and Process Strengthening”) comprised of IRI, NDI and IFES, thus eliminating the Carter Center and Democracy International. Based on language in the RFP, NDI was in effect eliminated by their work with the competing political parties and IFES was eliminated by their role as “embedded” with the Electoral Commission of Kenya. (After my return to the States I found that USAID had paid a consulting firm, MSI, in the spring of 2006 to study and advise on USAID’s preparations for the 2007 election. After extensive interviews in Nairobi, including staff of all three CEPPS entities working on the USAID programs at the time, they recommended that USAID plan for and fund an election observation and that the Carter Center was the most appropriate entity to conduct it.) In the RFP the CTO included descriptions of the credentials matching without naming the specific people that Ranneberger wanted as “lead delegates”, former Assistant Secretaries for Africa for whom Ranneberger had worked, Connie Newman and Chester Crocker. The “lead delegate” was to be formally approved as USAID’s “substantial involvement” in the program. For the rest of the delegates that Ranneberger had specified to me that he wanted IRI to invite, the RFP listed matching credential descriptions, but as examples without a contractual right of approval.
As I have written, IRI went along with inviting Newman and Crocker (Crocker declined as unavailable) while refusing to submit Newman’s name for formal approval as being an impermissible intrusion on IRI’s independence in conducting an international Election Observation Mission. Of the other potential delegates that Ranneberger wanted IRI to invite as per his after hours cell phone calls to me, Joel Barkan was the only one included in the EOM as he had already been identified separately by IRI. None of the others, of which well known former diplomat Frank Wisner, then at insurer AIG, stands out in my recollection, were invited by IRI.
The Ambassador took a keen interest in the lodging arrangements, in particular wanting Ms. Newman to stay at the embassy residence, or alternatively at the Serena hotel (near State House as well as closer to his residence and others in exclusive Muthaiga) rather than at the Holiday Inn Mayfair which we had selected for the delegation. We internally insisted on planning for Connie to stay with the rest of the delegation, even before the alarm bells went off from the Ambassador’s December 15 expression of desire to take her to meet with Stanley Murage the day before the vote. Likewise, I nixed having our delegation travel in State Department cars with State Department drivers (I did go along with having interpreters for many of our teams). I also declined to merge our observation headquarters operation into the Ambassador’s diplomatic command post at the Embassy in Gigiri, keeping our operation separate at the Mayfair, with a staff liaison to the Embassy and to the EU observation headquarters.
During that wee hours December 18 phone call from Washington (I was awoken at home) following my report on meeting with the Ambassador, I was given the opportunity by IRI’s number two official (filing in since Mr. Craner was in Thailand) to cancel the election observation on my say so based on the Ambassador’s interference. This is one of the crucial things that has always made me believe, in accordance with what I was told directly, that everyone on the IRI staff was in accord that we were committed to “playing it straight” on the election itself and that all the “agenda” issues came from or through the Ambassador and not from within IRI.
Unfortunately, having to make a judgment call on the spot, in the context of our detailed discussion of our plans and logistics, I made the decision that we could go forward. Mea culpa. If I had to do it over again, with more foresight into what would come, of course I would have said we have to cancel.
In fairness, I have to say that my decision was based on counting on the fact that it was agreed that Connie Newman would be accompanied by and briefed by the other senior IRI officer on the call (who would be the senior official on the ground for the election observation) as to the interference problems and the need for Connie to keep her distance from the Ambassador. I was given explicit assurance that Connie could be expected to understand and cooperate. I simply did not appreciate the possibility that this agreed approach would either be abandoned without notice or explanation to me or simply fail through refusal by Connie to cooperate.
A key factor in my decision was that it seemed clear that abruptly cancelling the election observation days before the vote–without explaining why (or most especially if we did explain, which of course was totally unrealistic)–would be a disruptive factor in the last days leading up to the election, and potentially something of an “international incident”. We were the only international non-governmental organization scheduled to observe and the observation had already been announced and publicized in Washington and Nairobi. No one was publicly predicting violence or major problems and there was no obvious reason why we would suddenly just cancel.
Again, in a key sign that people on staff at IRI in Washington were trying to do the right thing, I got permission to do a last minute poll of Raila’s Langata constituency in response to my meeting with the Ambassador. It seemed to me a clear way to telegraph that we would be “observing” seriously and were not going to go along with an obviously bogus result from Lanagata when, as confirmed by the poll, the race there was in no way remotely in doubt. I told the Ambassador’s top aide on Christmas Eve that we had done the poll and conveyed the results to the Ambassador in person that evening as requested.
As it turned out, Connie and the Ambassador were obviously close and quite well coordinated. When she visited Nairobi in 2009 he introduced her at the residence as “his great friend and mentor” and during the pre-election in 2007, even though she formally remained lodged at the Mayfair, she stayed behind at the embassy residence after our pre-election gathering there with the Ambassador when the rest of us boarded the bus to leave. She told me she would be driven back to the Mayfair later, but I was told that the other delegates took notice of the fact that she didn’t end up returning. I have no idea whether she ended up meeting or talking to Stanley Murage with the Ambassdor or not, one way or the other. The issue was never mentioned after our internal agreement that it “must not” happen and I hope it didn’t.
On the evening of the vote, I learned from our liaison to the EU observation mission security team that the Ambassador had called his State Department observers in to Nairobi from “the field” that night due to concerns of violence, but no one else told me, including our liaison at the U.S. Embassy observation headquarters. Our IRI teams stayed out as did the EU’s.
On the morning after the election, when Connie and I and my two IRI superiors from Washington convened as planned ahead of the vote to draft an IRI Preliminary Observation Statement, Connie and I took opposite angles–she steered to make the statement as positive as possible, I steered to keep it as reserved and as cognizant of obvious issues as possible, given that we did not really know much yet. Through the Freedom of Information Act I learned several years later that the Ambassador had reflected in his cable to Washington that day that IRI was expected to release a “largely positive” statement that same day. In the afternoon Connie presented the final “Preliminary Statement” to the media in a solo press conference with IRI staff and such other of our observers as were back from the field by that afternoon in the audience.
When the three senior IRI staff (myself included) and Connie met with the leadership of the EU delegation the next day, December 29, at the Serena Hotel, I learned that we were significantly criticized for releasing our Preliminary Statement before any of the other observation missions and while the vote tally was ongoing. During the formal discussion between the two delegations, Connie asserted as an example of the positives from the vote the notion that the election officials had done a good job of consistently handling assistance to voters who needed it. I spoke up and said that I had observed otherwise since Connie was obviously pulling that notion out of thin air. In fact, our Preliminary Statement itself the day before had said “As happens in many elections around the world, the ECK must address the issue of polling stations opening late, voting materials being delivered in a timely manner, and appropriately providing assistance to voters”. I was sitting right beside Connie chatting along the back wall of the polling station when I took the photograph below of a voter beseiged by would be “assistants”:
Subsequently, I made the mistake of pressing for release of the exit poll results indicating an opposition win over Kibaki to my bosses from Washington in front of Connie. Connie immediately spoke up to object to any release of these results. My regional director, my immediate superior from DC, pulled me aside and pointed out that I had made a mistake raising the topic in front of Connie as it was not her place to be involved. I acknowledged my error, but the bell was rung at that point as Connie was an IRI board member and the rest of the senior staff as career employees were not going to openly resist once she preemptively staked out her ground to quash the poll. (And to be clear, there was no discussion or any claim whatsoever on Connie’s part at that time–or ever in my presence–of any confusion about the “validity” of the poll based on a misunderstanding about the performance of the polling firm, or the “methodology” or any other grounds offered from Washington in later weeks as scrutiny came to bear.)
To be continued . . .
Here is my remembrance post from last year for the sixth anniversary of the murders of Oscar Kingara and John Paul Oulu.
The hit last week of Jacob Juma–a combative and controversial businessman who had taken on a public profile as a vocal critic of corruption in the Kenyatta government, and political proponent of the opposition–was clearly intended to send a chilling message. Care was taken to make sure the killing was unambiguously seen to be an assassination even though it happened overnight without known third party witnesses. It would have been simple to raise doubts about common robbery as a motive if the killers were worried about being caught as opposed to frightening other potential victims.
Juma had been “vocal” on most of the hotest contemporary corruption topics, including the multi-faceted looting at the National Youth Service and the “Eurobond” debt. The day of the hit, May 5, he was focused on the IEBC and “tweeted” a picture of former U.S. Ambassador Smith Hempstone from time of the end of the Cold War and the “second liberation” to the current ambassador.
Kingara and Oulu will continue to be missed as Kenya is faced with yet another extrajudicial killing–the kind of thing that the Oscar Foundation investigated when its leaders where denounced by the Kenyan Government, then assassinated.
As I noted in my post at the time of the dismissal of the Uhuru Kenyatta charges in December 20014, Ocampo, the Donors and “The Presumption of Arrogance,” a story of babes in the woods of Mt. Kenya?, the United States’ support for “local tribunals” for the murder and mayhem in the 2007-08 political contest connected to the failed December 27, 2007 general election was akin to support for Santa Claus to bring a cure for Ebola. Local tribunals were never going to happen under any scenario after we helped divert attention from the falsification of the vote tallies in the presidential race to give Kibaki an unwarranted second term and a continued monopoly over state violence.
It was always the ICC or nothing; we have now gone from six cases to none, without even getting any of the perps to trial. Eight years after the PEV, we can say conclusively that the violence worked in spite of the (temporary) grousing of some in the “international community” and the steadfast courage of Kenyan human rights and democracy advocates.
Presumably we will never see the evidence regarding the post election murders in the possession of the Kenyan Government, but someday perhaps we will know what evidence the United States Government gathered.
I was sad to see Kikuyu wananchi celebrating the demise of the Kenyatta prosecution on the notion that Kenyatta had effected the violence to protect his “tribesmen”. Certainly I have always felt that his motivations were, to the contrary, to protect and advance his own power and privilege, and I see Ruto in the same light.
Those who follow Kenya’s elections will remember that in the 2007 election, the Electoral Commission of Kenya, despite its generous USAID funding, never did publish alleged results at all below the level of the 212 parliamentary constituencies. That in itself was damning evidence of the conclusion of my “War for History” series that all of us involved essentially saw the election being brazenly stolen.
In 2013 the “results” were again long kept secret by what was then then called the Independent Electoral and Boundaries Commission or IEBC. See “It’s mid-May, do you know where your election results are?” and “It’s mid-June: another month goes by without Kenya’s election results while Hassan goes to Washington”. (Much later partial publication was made, with many polling stations never surfacing, in spite of the claim by the IEBC that it had been able to reliably determine within days the presidential winner by .07% over the required threshold to avoid a second round of voting.)
Certainly the Ugandan election process roundly deserves the condemnation it has received, and the Election Commission is unequivocally appointed by the president/general Museveni himself rather than through a process that would create more plausible hopes of independence. Nonetheless, the Ugandan EC has at least surpassed Kenya’s ECK and IEBC in it’s most fundamental of duties by an initial release of results.
It’s not so much that I’m jaded, it’s just that I have watched this movie before–and even been an “extra” of sorts in one of the previous remakes.
Yes, corruption is obviously getting even worse within this Kenyan administration than within the last. But that was also true when I lived in Kenya during the end of the first Kibaki administration and into the beginning of the second.
There are several readily apparent reasons. For instance, when I lived in Kenya I made the acquaintance of a Western expat whose spouse was in the tourism business. Prior to the 2007 vote count corruption and violence, the tourism business was booming. But corruption was up as a cost of doing business as it was explained to me because to operate you had to pay off a second generation, too–the kids of the senior politicians. Presumably this generational expansion has continued. Why wouldn’t it?
The year before I moved to Kenya the UK and US envoys had been outspokenly opposed to the corruption, in the context of the Anglo Leasing revelations by John Githongo of massive corruption involving national security procurements, touching our own security interests aside from our sensibilities about criminal behavior, along with the outrageous shenanigans involving the Artur Brothers, and the Standard media raid, among others. The British envoy even offered the memorably colorful “vomit on our (the donors’) shoes” metaphor about the extent of the gluttonous “eating”.
But by the time I arrived in mid-2007 things were different. New personnel led the diplomatic missions. On the US side we apparently helped Moi and Kibaki get back together, and hosted Interior Minister John Michuki, of “rattling the snake” fame, who had taken credit for the Standard raid, on a security tour of the U.S. Michuki represented Kibaki at our Embassy’s Fourth of July party, where Moi unofficially planted himself to catch the receiving line.
And then we looked the other way at the corruption of the Electoral Commission of Kenya. Ambassador Ranneberger made sure to get his predecessor Ambassador Bellamy removed from our IRI Election Observation Mission on the basis that he was “perceived as anti-government”. Bellamy had spoken out on the corruption, in particular the Standard raid. The week before the vote, Ranneberger noted for the Kenyan public that Kenya was “on track” in fighting the vice of corruption, that we had had Enron in the U.S., that prosecutions for Anglo Leasing and Goldenburg could take time, and that the World Bank had given the Kibaki administration an award for procurement reform (of all things) and that he expected a “free and fair” election. And then we tried at first to sell the ECK’s election “count” even though we knew full well that it was bogus. When that didn’t fly, we supported “power sharing” so long as there was no new election before Kibaki’s full second term was up. According to a news report from Nairobi years later from stolen cables from “Wikileaks” we issued a couple of “travel bans” based on alleged evidence of bribery against two of the ECK commissioners, but we never disclosed this action or the evidence, why we singled out these two or anything else about the matter.
During the post election violence a diplomat explained to me that the reason many of the younger pols in Kibaki’s PNU coalition were against a power sharing settlement was that they didn’t want to share the secondary ministry appointments. Ultimately by adding opposition politicians into the second Kibaki administration through “power sharing” with extra ministries you further expanded the multigenerational set of stomachs to let eat. One way to look at the settlement naturally has been that Kibaki and Raila were willing to stop the fighting (so long as Kibaki retained with further ambiguity the full second term Presidency which the ECK had delivered to him) and the rest were bribed to acquiesce.
So you cannot tell me with a straight face that the diplomatic position of the United States in 2007-08 was to “oppose” corruption as a high rather than a subordinated priority.
After being stung by criticism from the election debacle, Ranneberger was reborn as an outspoken “reform agenda” campaigner for his extended tour on through the passage of a new constitution. He compiled dossiers on money laundering and drug smuggling through politico/business interests and encouraged action, albeit to no avail. His successors quietly moved on, however, and we helped sell a new badly handled election in 2013 by a new, but probably more pervasively corrupted electoral authority. We helped pay for expensive technology that was doomed by procurement fraud but kept quiet. The British Serious Fraud Office successfully prosecuted one of their companies and its owners for bribes on other election procurements, but the Kenyan administration has taken no action to follow up and we have kept our silence.
With time, we have come again to affectionately embrace our usual suspect “partners”, with new programs headquartered in our favorite African city of Nairobi. A photo op in the Oval Office with POTUS and FLOTUS for the Kenyan President and First Lady last year, followed this summer by a glowing official Presidential visit to Nairobi with a telegenic dance party at State House. Never mind what we said before; please can we give you more? Some eloquent speech about the cost of corruption, safely abstract from the burgeoning accumulation of years of specific cases on the impunity docket. Yes we can dance with this new set of shoes without even looking down at the vomit.
Surely then it can be no surprise that things have gotten that much worse. With a new report by Kenyan journalists on the longstanding implication of Kenyan Defense Forces which we help underwrite in Jubaland in the sugar and charcoal smuggling rackets, and fresh levels of embarrassment from the international press from the National Youth Service, irregular handling of bond proceeds amid rising debt levels, more land grabbing and another looted bank, all with a new election cycle approaching, the season has turned again and it is the time for furrowed brows. Time for the U.S. to lead a donor group to call on the current version of the anti-corruption authority. To talk again of “visa bans” and offers again to assist in “asset recovery”.
Instead of another remake, could this be a sequel offering a surprise ending, with say, even a few villains in jail, or at least less rich, as a cautionary tale for some and a bit of hope and inspiration for others? Or is this just another iteration of “the formula” in which the sheriff rides into town, frowns at the drunken brawl, then passes along to enjoy the cinematic scenery on the way home?
Only time will tell. I do think we genuinely would prefer to be against the corruption rather than aligned with it. We just lose our nerve and get distracted by other priorities that seem more immediate. Making a dent in Kenya’s entrenched culture of impunity would take a long hard slog, in the face of bitter opposition formal and informal. It would be messy and likely involve putting up with a bit of embarrassment–it could involve some risk and actual cost. In any event it would take a good while for us to convince the players that we had become serious.
In his book Birth: the Conspiracy to Stop the ’94 Election, Peter Harris, a South African lawyer who was in charge of the “election-monitoring division” of that country’s Independent Electoral Commission in 1994 (under Johann Kriegler, later appointed by President Kibaki to head Kenya’s 2008 IREC or “Kriegler Commission”, charged under Kenya’s 2008 post-election settlement with, inter alia, investigating the failed presidential vote) elaborates:
“Why would anyone want to run a free and fair election that will remove them from power? . . . Enter the election-monitoring division, whose primary job is to ensure that the election is free and fair. . . .
What constitutes a free and fair is a major issue for us. The high level of violence can have a major effect. In short, the tense situation in Bophuthatswana can jeopardize everything.
Declaring an election free and fair depends on a number of considerations, but chief among them is the ‘freedom of voters to vote in secret, free from violence and coercion’, and ‘access to secure voting stations’.
Since his appointment, Steven Friedman and his information and analysis department have been monitoring the situation closely. Their final talks will be to produce a report that will help the commissioners make a finding on whether the election was free and fair and a reflection of the will of the people.
I rather like the ‘will of the people’ bit; it reminds me of one of those classic legal catch-all clauses that provide an escape route if all else fails. It is a bit like ‘sufficient consensus,’ that famous methodology for reaching agreement at constitutional negotiations. In real terms this means if the ANC and the National Party agree there was ‘sufficient consensus’, then bugger the rest. The real reason I like ‘the will of the people’ is because, as we hurtle closer to this election, it is clear to me that there is a lot that can, and probably will, go wrong.
Under Kenyan law under the 2010 Constitution, as in effect for the last election in 2013, this issue of potential circumlocution about election shortcomings is solved: the Constitution mandates a “free and fair” minimum standard. I have written previously that I had picked up on discussion in Washington ahead of the 2013 Kenyan election harking back to the “will of the people” hedging language used by Westerners in reference to Moi’s re-elections in the 1990’s.
I ended up in an indirect disagreement through the pages of Africa in Fact magazine with the spokesmen for the Western government-funded election observation missions (the Carter Center from the US and the EU mission) about the significance of the conspicuous absence of reference to the higher (and legally mandated) standard in their Preliminary Statements following the voting.
The titular conspiracy that the Harris memoir discloses, but does not explain in detail, is that hackers penetrated the electoral commission ICT systems and changed vote tallies in progress. And that the fraud was discovered by the embedded IFES (International Foundation for Electoral Systems) team funded by the U.S., addressed internally within the Electoral Commission and not disclosed at the time.
The hackers were adding votes for third parties apparently not to disrupt the ANC’s win, but rather to manipulate the overall percentage seemingly to avoid letting the ANC have the parliamentary margin to change the new constitution.
The South African Electoral Commission suspended the vote tally without explaining about the infiltration of the system. A technology work around was created but the overall control system for handling the count broke down. Through heroic logistical efforts, intricate private political negotiations and with the grace of fortunate “communications” efforts, the election process was “saved” to the extent of being accepted as a rough approximation of the “will of the people” in the context of moving from majority rule in an electorate of 22 million from the existing system of rule determined by competition among no more than a 3 million voter privileged minority. Close enough for “horseshoes or hand grenades” as we say. Close enough to an actual count of each individual’s vote for a “free and fair” election? Not so much.
In South Africa in 1994 there was an understood consensus that the purpose of the first broadly democratic election was to transfer power from the minority National Party the majority ANC while containing conflict from other factions “white” and “black”. The time allocated and resources available made a free and fair election as such wholly beyond the potential of the endeavor.
Thus the situation in South Africa in 1994 was radically different than the electoral management task presented to the Kenya’s ECK and IEBC (and IFES) in 2007 and 2013.
In 2013 Judge Kriegler was back in Kenya some and was a frequent public commentor on contentious matters involving politics and the electoral commission. It would seem easy to argue that his approach and expectations in Kenya leaned too heavily on the very dissimilar task he faced in his electoral commission experience in South Africa.