Update 23 Aug – Here is the latest from the Kura Yangu Sauti Yangu monitoring: KYSYElectionDataUpdate-WhyDisputed-22Aug2017
Following the unlawful raid on AfriCOG in Nairobi yesterday, today the Kura Yangu Sauti Yangu election monitoring program which has been engaged since long before any of the International Election Observation Missions were constituted, released its Preliminary Findings.
Please read for yourself (especially if you have commented publicly so far on Kenya’s election).
Uraia- Because Kenyans Have Rights
2017_ifes_kenya_general_elections_faqs_update_7.21.17.pdf
“The Big Picture: Attack in Kenya” photographs in The Boston Globe.
“Kenya attack targets Christians, putting new pressure on religious leaders” Ariel Zirulnick in the Christian Science Monitor.
“Kenya faces grim aftermath of school massacre” Abagail Higgins and Jessica Hatcher in the Washington Post.
Kenyan religious leaders urge unity after Shabab Muslim extremists slaughter Christian students Carol J. Williams in Los Angeles Times.
“Christians warned, then killed in Kenyan university massacre” Margot Kiser in The Daily Beast.
“University attacks marks Al Shabaab’s pivot to ISIS” Ashish Kumar Sen interview with Bronwyn Bruton in New Atlanticist.
“Kenya mourns 148 dead in university attack by militants” Christopher Torchia and Tom Odula for Associated Press.
“Kenyans agonize over student massacre” Martina Stevis in The Wall Street Journal.
The successful prosecution of Smith & Ouzman, Ltd. and two of its officers by the U.K. Serious Fraud Office for paying bribes to Kenyan election officials to obtain contracts with Kenya’s Independent Electoral and Boundaries Commission (IEBC) should be a wake-up call in Washington. Smith & Ouzman Chairman Christopher John Smith and Sales and Marketing Director Nicholas Charles Smith were sentenced last week and sentencing of the corporation is upcoming.
Ironically, perhaps, “capacity building” and procurement systems, along with the subsequently abandoned electronic results transmission system, were touted by U.S. Ambassador Ranneberger as features of the U.S. pre-election support in Kenya in 2007:
* “Developing the capacity of the Electoral Commission of Kenya (ECK) lies at the heart of our strategy. The USG funded International Foundation for Election Systems (IFES) has been providing support to the ECK since late 2001. Activities focus on providing appropriate technology for more efficient and transparent elections administration while improving the skills of the ECK technical staff. This support additionally includes capacity building and technical assistance to support election administration. Technical assistance includes computerization of the Procurement and Supplies Department, which is responsible for printing and distributing election materials. Assistance will also support implementation of the ECK’s restructuring plan, strengthening logistics capacity, and accelerating the transmission and display of results.”
From “Lessons for Kenya’s 2012 elections from the truth trickling out about 2007-New Cables From FOIA (Part One)” quoting a December 14, 2007 Ranneberger cable describing U.S. preparations for the Kenyan election.
For the 2013 election, I have a copy of one last minute USAID procurement through IFES for the Kenyan IEBC related to the failed electronic results transmission system; I would assume there were other USAID procurements involved for the IEBC. Notably, the Supreme Court of Kenya found that the main cause of the failure of the electronic results transmission system and the electronic voter identification system appeared to be procurement “squabbles” among IEBC members. “It is, indeed, likely, that the acquisition process was marked by competing interests involving impropriety, or even criminality: and we recommend that this matter be entrusted to the relevant State agency, for further investigation and possible prosecution.” “Thoughts on Kenya’s Supreme Court opinion” April 13, 2013. See also, “Why would we trust the IEBC vote tally when they engaged on fraudulent procurement processes for key technology?”, March 24, 2013.
For a detailed narrative and links on the U.K. Serious Fraud Office case, see Corruption Watch-UK/Trial Monitoring: “Chickens come home to roost: the Smith and Ouzman African bribery case”:
The most serious allegations relate to 7 contracts with the IIEC in Kenya between 2009-2010, worth £1.37 million, where S&O made unusually high commission payments of between 27% and 37% of the contract price. Part of prosecution’s case was that the commission of £380,859 over 18 months paid to the agent, Trevy James Oyombra, was exorbitant, and clearly designed to include payments for officials.
The contracts in Kenya included ballot papers and voter ID cards for By-Elections, 18 million voter registration cards, Referendum ballot papers, and other products relating to elections, such as card pouches, OMR forms, ultraviolet lights. It was a feature of several of these contracts that the S&O subcontracted out the printing work to other companies, in one case to a Chinese company that delivered the goods for less than half the cost of the contract price.
This raises questions about whether S&O were compliant with procurement rules and whether it compromised the security and integrity of the electoral process by subcontracting.
Additionally, on several contracts, S&O delivered significantly less papers than they were contracted to do raising the question of whether the integrity of the electoral process was compromised. It was also a feature of some of these contracts that prices were inflated significantly after award of contract. In all the contracts, the alleged bribes were paid for by the Kenyan tax payers, as the cost of commission was reflected in the contract price.
The specific contracts were as follows:
- June 2009 – Shinyalu and Bomachoge By-Election. S&O were to provide voter ID cards, and ballot papers – although in the end they provided only 142,000 papers against the 200,000 ordered.
- January 2010 – 18 million voter registration cards. Once S&O had been awarded the contract they subcontracted the production of half the forms to another company.
- March 2010 – contract for electors’ card pouches which S&O subcontracted to a Chinese company who delivered them for less than half of the contract price.
- May-July 2010 – three different By-Election ballot paper contracts (South Mugirango, Matuga and Civil By-Elections) – where the contract price in each case was increased substantially (sometimes by 50%) after award of contract to permit bribes to be paid. The agent advised S&O against providing “chicken” to visitors to their factory in 2010 as there were other officials not from the IIEC who he said they shouldn’t give “the wrong picture” – undermining the defence’s argument that the company was just doing things the “African way”. Significantly the company again delivered less quantities of ballot papers than were required in each of these three contracts – in the case of the Civic By-Elections some 40,000 less than ordered.
- July 2010 – a contract to provide 14.6 million Referendum Ballot Papers in which S&O worked out an uplift per ballot paper to factor in the bribery.
- July 2010 – 1.5 million OMR correction forms and 1000 nomination forms in May.
- July-December 2010 – ultra violet lights and other Parliamentary and Civil Ballot Papers.
Electoral officials at the IIEC were on several occasions described by the agent, Trevy, as trying to make money before they left the IIEC and went back into government. The agent described the officials at on stage as anxious and “broke”, and “they are desperate for the chicken”. The agent also said that officials told him that S&O needed to “be discrete since all peoples eyes and the government intelligence are watching their every move even on the phone to ensure transparency”.
The Kenyan officials named in court as recipients of payments were as follows: IIEC: Kenneth Karani (chief procurement officer); David Chirchir (IIEC Commissioner); James Oswago (IIEC Chief Electoral Officer); Dena; Kennedy Nyaundi (Commissioner); Gladys Boss Shollei (Deputy CEO); Issack Hassan; Hamida, Tororey and Sang.
Several of these officials are still in government: David Chirchir is current Energy Minister in government, and Issack Hassan is the current Chairman of the Independent Electoral and Boundaries Commission (IEBC) which took over from the IIEC.
The scope of the successfully prosecuted bribes to Kenyan officials, in particular the Kenyan Interim Independent Electoral Commission, now Independent Electoral and Boundaries Commission, was such as to suggest the corruption was not unique by time or geography.
Although USAID, as referenced in the State Department cable quoted above, has provided millions for the operations of the Electoral Commission of Kenya and its successors on a regularized basis since embedding IFES in the Electoral Commission of Kenya, ECK, in 2001, I do not know whether there was any direct U.S. funding, or U.S. funding through a “basket” administered through UNDP or otherwise, implicated in the specific acquisitions involved in the prosecution. At the least, given the level of U.S. funding for the Kenyan elections through this time period, the U.S. indirectly underwrote the ability of the Kenyan election officials to corruptly overpay for those things the U.S. was not helping to pay for.
The time period during which the offenses at issue in this U.K. prosecution occurred was 1 November 2006 through 31 December 2010. Also during this time, for instance, IFES awarded a more than $3.4M competitive procurement for USAID to Smith & Ouzman for polling booths for Sudan’s National Election Commission for 2010 elections. Although there may be nothing at all irregular, it is worth noting that Smith & Ouzman has generally been identified as a “printing company” and its election related products and services marketed on that basis.
From a 2008 IFES election materials “buyer’s guide”:
Providing the Ballot — Supporting Democracy Worldwide Smith & Ouzman, Limited, has been established for more than 60 years and is the globally trusted name in security printing, providing tailored secure ballot solutions to electoral commissions and authorities from Afghanistan to Zimbabwe, and many places in between. Our team of professional staff has considerable experience in election projects and ensures that ballot papers incorporate devices to protect against electoral fraud and are packed for distribution directly to polling stations. Smith & Ouzman, Limited is the company that provides you with security, integrity and reliability. ● Election Experience Afghanistan, ballot papers; Benin, indelible ink; Botswana, ballot papers; European Union, ballot papers, postal ballots; Ghana, equipment; Kenya, ballot papers, registration forms, voters cards; Kosovo, ballot papers, registration forms, postal ballots; Malawi, ballot papers, UV lamps; Mauritania, ballot papers; Namibia, ballot papers; Nigeria, ballot papers; Somaliland, ballot papers, indelible ink; Tanzania, indelible ink, security envelopes; Uganda, ballot papers, indelible ink; United Kingdom, ballot papers, poll cards, registration forms, postal ballots; Zambia, ballot papers, indelible ink; Zimbabwe, ballot papers.
According to the IFES 2012 and 2013 Annual Reports, Smith & Ouzman was a corporate donor to IFES.
Here is the official State Department language describing the diplomacy:
Secretary Clinton travels to South Sudan where she meets with President Kiir to reaffirm U.S. support and to encourage progress in negotiations with Sudan to reach agreement on issues related to security, oil and citizenship.
In Uganda, the Secretary meets with President Museveni to encourage strengthening of democratic institutions and human rights, while also reinforcing Uganda as a key U.S. partner in promoting regional security, particularly in regard to Somalia and in regional efforts to counter the Lord’s Resistance Army. She will also highlight U.S. support in the fight against HIV/AIDS.
The Secretary will then travel to Kenya where she plans to meet President Kibaki, Prime Minister Odinga, and other government officials to emphasize her support for transparent, credible, nonviolent national elections in 2013. To underscore U.S. support for completing the political transition in Somalia by August 20th, Secretary Clinton will also meet with President Sheikh Sharif and other signatories to the Roadmap to End the Transition.
The U.S. appears to have paid attention and avoided the pitfall of glossing over the questions about the election.
BBC reports on remarks by the U.S. Ambassador:
But the results’ credibility has been criticised by the EU, the Carter Center and other election monitors.
The US ambassador to the country said there had been several “irregularities”.
“The United States believes that the management and technical execution of these elections were seriously flawed,” Ambassador James Entwistle said in a statement to Reuters news agency.
“[They] lacked transparency and did not measure up to the positive democratic gains we have seen in recent African elections,” he said.
Mr Entwistle said that the US and other Western donors were offering technical assistance to the Congolese to review irregularities identified by observer missions, an offer which has already been welcomed by the country’s prime minister, he said.
The country’s Supreme Court must decide by 17 December whether or not to validate provisional results.
. . . .
And the VOA reports on official comments from the State Department in Washington:
In a statement Wednesday, State Department spokeswoman Victoria Nuland said the U.S. assessment is based on reports from observation teams fielded by the U.S. and other embassies, as well as by independent election monitoring groups.
Nuland said it was not clear, however, whether the irregularities and lack of transparency were enough to change the outcome of the election.
She calls on Congolese authorities to conduct a “rapid technical review” of the electoral process which she says will help determine whether the irregularities resulted from poor organization or outright fraud. She said the U.S. is ready to give its “technical assistance,” for the review.
Al Shabaab militants were on the back foot on Saturday evening as they faced heavy bombardment from multiple fronts from a combined force of Kenyan troops, US drones, African Union peacekeepers and Transitional Federal Government fighters.
Reports from the battlefront indicated that Kenyan troops were advancing towards four al Shabaab-controlled towns as they launched a final push to capture the Kismayu port and Afmadow in Central Jubaland.
There was progress on the diplomatic front, too, when the Intergovernmental Authority on Development (Igad) member states endorsed the military offensive against the militants during a special conference held in Addis Abba Ethiopia on Friday.
The Igad Council of Ministers urged the United Nations Security Council to impose a blockade on Kismayu, a move which will effectively cut off billions of shillings collected by the militants to fund their insurgency.
A statement from the military said Kenyan security forces were advancing towards Burgavo town in southern Somalia after capturing Oddo on Friday. (READ: Kenya targets al Shabaab’s lifeline)
Another group was marching towards the town of Badade from the direction of Kolbio which they conquered on Friday. The troops had earlier bombed areas around Munarani near Oddo from the air, flattening an al Shabaab command centre.
“US Warns of Imminent Threat in Kenya” from Reuters in The Standard, indicates that the U.S. Embassy in Nairobi Saturday issued a warning with the usual language regarding risk to Americans in Kenya from reprisal attacks on prominent facilities or places known for concentration of Westerners, and indicated that official American travel to Kenya would be curtailed.
Who says the State Department doesn’t have a sense of humor?
INSIDE THE BELTWAY
Open Government Partnerdship
WASHINGTON, DC, July 12 – The U.S. hosted the first high-level meeting of The Open Government Partnership (OGP), a new international initiative aimed at securing concrete commitments from governments to promote transparency, increase civic participation and fight corruption. The OGP will also strive to harness new technologies to make government more open, effective, and accountable. A multi-stakeholder International Steering Committee for the OGP, co-chaired by the United States and Brazil, is comprised of government and civil society groups, representing countries from around the world, including Indonesia, Mexico, Norway, Philippines, South Africa, and the United Kingdom. “…There is an undeniable connection between how a government operates and whether its people flourish,” Secretary Clinton said in remarks during the high-level meeting. “When a government invites its people to participate, when it is open as to how it makes decisions and allocates resources, when it administers justice equally and transparently, and when it takes a firm stance against corruption of all kinds, that government is, in the modern world, far more likely to succeed in designing and implementing effective policies and services. It is also more likely to harness the talents of its own people and to benefit from their ideas and experiences, and it is also more likely to succeed investing its resources where they are most likely to have the best return.” Full Text» The Open Government Partnership»Conversations With America: Open Government Partnership»Spurring International Momentum for Open Government»OpenGovPartnership.org»
From the Department of State, Bureau of Public Affairs, Office of Public Liaison: Public Liaison, Intergovernmental Affairs and Regional Media Outreach, E-news, volume 5 – 2011, Issue 25, July 26, 2011
Sunday Nation: “Envoy: US will veto deferral of Kenyan ICC case“:
The Obama administration will block any attempts to halt trials of post-election violence masterminds at The Hague, a decision which means government efforts to get the process deferred at the UN are almost certainly doomed to failure.
Outgoing US ambassador Michael Ranneberger told the Sunday Nation Washington would not back any delay of ICC action.
“The American position is that we want the ICC process to proceed expeditiously. We do not want to see the process delayed. We think that carrying through with the trials is absolutely crucial to fighting impunity and to ensuring accountability.”
The US holds veto power in the Security Council and a rejection of the petition by any one of the five permanent members of the Council means the appeal would stand defeated. Highly placed diplomatic sources also indicated that Britain and France were unlikely to support the Kenya bid for deferral.
Mr Ranneberger stopped short of stating that the US would apply its veto power when the deferral request comes up at the UN. But he said the Obama administration wanted The Hague process to continue without interruption.
“We never say in advance what our positions are to be (at the UN) so obviously I can’t say that we will veto. What I would say is that we do not see this effort to seek deferral as positive and we support a continuation of the process and we want to see the process move ahead expeditiously.”
Sunday Standard: “Ranneberger explains why US backs The Hague process”:
Ranneberger: Let me be very clear. The US supports the ICC process and the reason is simple: There must be accountability for the post-election violence. Terrible crimes were committed, Kenyans deserve justice and it’s gone to the ICC and that process needs to be carried through. Our deputy secretary of state was very clear in his public statements that we support this process.
Q: Kenya is lobbying the permanent members of the UN Security Council, if that is put to the vote, what will be US’s likely position?
A: Nobody in the Security Council ever announces the answer hypothetically. The ICC process is vital to countering impunity and to ensure that type of violence never happens again. One of the biggest problems in Kenya and one of the things that have held this country back for so many years is the culture of impunity. And so these issues simply must be addressed.
In writing here about the situation in Eygpt and U.S. support for democracy, I referred to remembering what the President had said about his priorities as our leader and holding him accountable to that. To that end I am quoting here the Inauguration Day post from two years ago that was part of wrapping up a personal web “travel log” that my wife and I did to keep in touch with friends and family while we were in Nairobi:
January 20, 2009
Happy Inauguration Day from Mississippi!
Beautiful cool, clear winter day here. Big moment for Kenyans. The news from Kenya is especially troubling right now (but do not hesitate to travel there if you are able–I certainly want to get back for a visit at the first available opportunity).
The magnitude of the food crisis has reached the point that the Gov’t (even) has declared a “national emergency” reflecting perhaps 10M people short of food. Several big corruption situations involving maize, petrol and other vital needs have just now come to light, while a newspaper reports that witnesses who provided confidential evidence to a committee appointed to investigate the post-election violence have been identifiable through the reports produced, are now under death threat and in many cases in hiding, having been provided no protection by the government. Thus, they are unlikely to be available to testify in the event that the prosecution tribunal to be established actually comes to fruition. SO, not much new–just a lot MORE of the same type of news.
At the same time, these things are not inevitable and can be changed to some substantial degree.
For those of you who have contributed to help with the Upako Centre or other worthy projects in Kenya, this would be a great time to keep them in your prayers and offer any additional financial support you are able. Things have turned dramatically for most of us financially since the time we went to Kenya in the spring of 2007, but most of us still have much to be grateful for and lots more than what we really need when it comes down to it.
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From the President’s Inaugural Address this morning:. . . .
Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations.
Those ideals still light the world and we will not give them up for expedience’s sake.
So to all peoples and governments watching today, from the grandest capitals to the small village where my father was born: Know that America is a friend of all nations and every man, woman and child who seeks a future of peace and dignity, and that we are ready to lead once more.
. . . .To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.
To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our borders; nor can we consume the world’s resources without regard to effect. The world has changed, and we must change with it.