Must read on election tensions in Kenya: “A Silent Panic”

ELECTION 2017: A Silent Panic in Kenya by Dauti Kahura in The Elephant.

A series of backstories of building tensions with the latest election approaching on the layers of accumulated grief and injustice.  This is the stuff you don’t hear if you don’t have a practiced ear to the ground in Kenya and may be glossed over in the usual discussion in foreign capitals and international press.  And material that is too topical for the traditional Kenyan media with political power at stake. 

Congratulations to The Elephant for “speaking truth to power”.

“THE DEBACLE OF 2007” – my piece in The Elephant on how Kenya’s politics was frozen and an election stolen . . .

THE DEBACLE OF 2007: How Kenyan Politics Was Frozen and an Election Stolen with US Connivance | The Elephant

Mocking democracy: Government of Kenya announces “Kenyan Asian community backs President Kenyatta’s re-election”

Democracy Assistance

“URAIA Because Kenyans Have Rights”  — Democracy Assistance facade?


[Update: The Daily Nation, State Officials on the campaign trail“:  “The Jubilee administration has deployed civil servants and key government officials on vote hunting missions across the country in contravention of the law.”]

Let it not be said that there is any serious pretense that the Government of Kenya is neutral in the contest for political allegiance of potential “swing” ethnic groupings, rich in votes or money, in the current election, a contest for power between the Uhuruto ticket representing the current generation of the original KANU establishment led by the Kenyatta family and an opposition coalition led by Raila Odinga and Kalonzo Musyoka.

Here is the “latest news” from the Government of Kenya, Office of the President (www.president.go.ke): “Kenyan Asian community backs President Kenyatta’s re-election”.

This years’ “Jubilee Party” was literally formed at State House as the Uhuruto re-election vehicle, formally merging Uhuru Kenyatta’s TNA and Ruto’s URP, just as this meeting of State Officials and “Asian” Kenyan businesspeople and politicians for the re-election campaign was convened at State House.

Conduct of this sort, aside from being a clear form of corruption per se as a misappropriation of public resources for private gain, is explicitly against the mandatory Code of Conduct for the Kenyan political parties.  (On paper the campaign, in full swing for months, is not even to start until May 28.)

Will the Registrar of Political Parties and the Independent Electoral and Boundaries Commission take action?  The IFES led consortium of US based organizations both facilitating and underwriting the cost of the election, while also coordinating its “observation” at the expense of American (and in parts Canadian) taxpayers?  What about ELOG, the donor supported Kenyan observation group?

IFES has already beeen attacked by the Kenyan Government and ELOG is charged with continuing to do business in Nairobi on a permanent basis, so it would be a huge act of institutional courage for it to seriously challenge the conduct of the Office of the Presidency.  We have been in the mode of continuous institutionalized democracy promotion in Kenya for 15 years (!) now.  No matter how many  capacity building seminars we hold for the little people in the cities or the politicians in the resorts in the Rift Valley or at the beaches, if we let ourselves simply be mocked and pretend that this is working we will surely risk moral injury to our own democracy.

Read the whole campaign piece here:

The Asian community in Kenya has endorsed the re-election of President Uhuru Kenyatta.

Leaders of the community said they have taken the decision to rally behind the President because of his commitment to creating an enabling environment of business and development.

The leaders, who visited President Kenyatta at State House, Nairobi, said policies implemented by the Jubilee Government have enabled more business to thrive and made Kenya a preferred destination for investors.

At the meeting which was also attended by Deputy President William Ruto, representatives of the community assured the President that they would rally behind him to ensure the country’s development tempo is sustained.

“What we have seen in the last four years needs no magnification and my words can be supported by facts that can be seen and quantified, “said businessman Iqbal Rashid.

The businessman cited the upgrading of the old railway system with the Standard Gauge Railway, the upgrading of the Jomo Kenyatta International Airport and continuous improvement of the infrastructure connecting cities and towns.

He said the continued flow of investments into Kenya from all corners of the globe was as a result of the confidence in the leadership of President Kenyatta.

Women leaders Parveen Adam, Shamsha Fadhil and Farah Mannzoor thanked the President for championing an agenda that fosters inclusiveness as well as the prosperity and unity of all Kenyans.

They said women appreciate his efforts to spearhead the campaign to have the two third gender rule passed by the National Assembly.

Businessman Bismiahirahman Nirrahim said the Asian community has witnessed the transformative leadership of President Kenyatta which has helped in creating conducive environment for investments.

He cited the increased ease of doing business resulting from President Kenyatta’s policies including the policy to reduce the time it takes to register a new business.

Nirrahim said the youth and women empowerment program implemented by President Kenyatta’s Administration has also been a transformational policy that deserves praise.

President Kenyatta thanked the leaders for their support and assured them that he would continue working tirelessly to make Kenya a more prosperous country with shared prosperity.

He said the Asian community has been keen in developing Kenya saying the community has always been in the forefront championing the interests of the nation since the days of independence struggle.

“Like all of us you were part and parcel of the Kenyan struggle for Independence, the role you played cannot be ignored,” said President Kenyatta.

The President said he is a believer in an inclusive society adding that he would want to see the Asian community participate more in both social and economic development of the country.

“This is the government that believes in encouraging partnership and working together. Your success is our success,” said President Kenyatta.

Also present were the Chief of Staff and Head of Public Service Joseph Kinyua among other senior government officials.

Author

Gok

Update May 26:  See “Asian Kenyans seek to be declared a ‘tribe’ of their own” in today’s New York Times.

Trump did not expect to win U.S. election, did not understand risk and continues to avoid costs by renegotiating terms of service; but his approach should be comforting to Kenyan pols

The fundamental premise of the Trump campaign was that if Americans would elect Trump he would switch sides and become a patriot, serving the nation to make it “great again” and serving some, albeit conspicuously not all, segments of Americans.  He would, he claimed, do unto others on behalf of “us” what he had spent the first roughly seventy years of his life doing to more or less everyone he encountered regardless of creed.

Trump believed the polls well enough to recognize it was always a long shot, as ultimately reflected in his losing popular vote totals (the biggest total vote loss ever for an Electoral College winner, on low turnout).  Not expecting to win, Trump did not take serious steps to prepare to actually enter public service or to game out his alternatives.

Having caught some breaks, he ended up getting the Electoral College and is now having to spend some substantial part of his time, and some attention on becoming a president. (Although not to the point so far of taking the situation seriously enough to moderate his behavior on Twitter or otherwise seek self discipline or gravitas in most situations day to day.)

How did Trump end up winning?  While Trump’s style of bluster and aggressive and open dishonesty on the stump was not widely endearing, most Republicans were going to vote for anyone their party nominated period, at least so long as they campaigned as at least somewhat illiberal, assuring that Trump would be in a close general election almost no matter what.  So in that way, the key threshold actors were the “leaders” of the Republican Party (full disclosure: I identified as a Republican from childhood, served in the Party for years and did not affirmatively quit until 2013.)  In other words, Reince Priebus and Paul Ryan were the two Americans who had the most formal responsibility and actual power to determine the legitimacy and acceptability of Donald Trump as a prospective President of the United States (and the new ruling and defining authority in the Republican Party).

In the campaign, Trump’s staff and the Republican Party that he affiliated with to run for the presidency put together a tactical effort to target likely Clinton voters and dissuade them from voting that proved brilliantly effective for the America of now.  America and Americans have been profoundly changed by Rupert Murdoch with Roger Ailes and Osama Bin Laden since the Clintons’ last successful campaign outside of New York.  The Republican side understood that Facebook and email was far more important to the emotions that would drive the behavior of plausibly likely voters than a “ground game” of a generation ago when Bill Clinton got re-elected in 2016.

Ultimately Hillary Clinton was the Bob Dole of 1996–the candidate who would have won the general election eight years earlier had she been nominated then, but was no longer after waiting eight years in step with the times.

Some state governments managed to reduce voting by what they might call “undesirables” who were likely to vote for Clinton, while the Trump and Clinton campaigns combined to fire up “the deplorables”.  Beyond that Trump got consequential help from Putin and at the last minute from the FBI Director, but there is no way to prove what would have happened without their actions nor are we likely to have much clarity about Comey’s intentions.  (It is believable to me that Comey acted for reasons related to internal matters within the FBI, the Justice Department and the Government more broadly while expecting that Clinton would win anyway–presumably someday he will present an explanation in a book, by which time the consequences of Trump’s rise to power will be clearer.)

So now, like the proverbial dog who finds that the car he was chasing has stopped, Trump is confronted with what to do with his prize from winning the chase.  The biggest hassle seems to be that taking the job threatens to cost Trump a lot of money as well as well as quite a bit of time spent in Washington away from his homes in New York, New Jersey and South Florida and some living in public housing.  He has declared that any limitations on his business activities, and his residence, are to be negotiated or announced over time rather than governed by existing law and past practice.

Having no foreign policy experience and having been condemned publicly and privately by much of the cohort from previous Republican administrations, he seemed caught off guard by having to pick a nominee for Secretary of State.

Having Mitt Romney come to dinner at Trump Tower and contradict all of his previous expositions about Trump’s unfitness was a tour de force reminder of Trump’s tactical brilliance in accumulating personal power for himself and humiliating rivals and was important to firmly seizing control of the GOP from what we might call “the 20th Century Republicans.”  It was not useful to finding someone that would be useful to Trump as Secretary.  As the story has been told to us by the president’s people through the news media, man for all of Washington’s seasons Robert Gates was able to suggest to Trump his client Rex Tillerson who quickly became the natural choice for Trump.  This might even be true even if it hardly seems likely to be fully explanatory.

Tillerson is surely better suited to be Secretary of State than Trump is to be President. (For that matter, better suited to be President.)  The questions about Tillerson relate to problems about his relationship with a nefarious foreign autocrat with control of the worlds largest nuclear arsenal–as with Trump.  Beyond business relationships,  which include some other nefarious but less dangerous (to Americans and others if not to their own subjects) autocrats he seems to be a person of more conventional decency than Trump.  (Full disclosure, I’m an Eagle Scout, too.)

Tillerson is a surely a loyal company man, having spent his entire career with Exxon Mobile, and it seems plausible to me that he could effectuate a switch of “companies” to work for the United States Government to run the State Department rather than running Exxon Mobile, in a way that for Trump, who so far as I know has never worked for anyone other than his father and himself, was never plausible to me.  The problem with Trump’s Putin tilt and undisclosed interests and finances, and with Trump’s character, and with Trump’s willingness to actually change careers and orientation to serve as President of the United States will continue to be there whether or not Tillerson steps further forward out of the shadows to represent us as our chief diplomat.

Confronted with the idea of a less than ideal market to divest his business interests Trump has made it clear that he puts his own pocketbook first and Anerica second (at the very best) by refusing to divest.  So now we know that Trump simply refuses to be an actual patriot after all.  Contra our founding fathers who staked their “lives, fortunes and sacred honor” on the idea of America, Trump, who has, to be direct, no obvious prior personal experience with honor, has said that a small reduction in his alleged $10B net worth is too high a price to pay to be a full-time President.

I do think that Trump will be well received by Kenya’s politicians, as well as those in many other countries on the continent, and I’m assuming his call with Uluru Kenyatta today went fine.  Trump’s personal approach to public office will be more familiar and comfortable to Kenya’s leaders than that of Bush or Obama and his socioeconomic background more reassuring than someone as relatively exotic and self-made as Obama.

As it was in 2007, is it now in 2016? “Too much corruption” in Kenya to risk a change in power at elections?

imageI 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.

image

The missing USAID news: “Kenya’s President Lost Disputed Election, Poll Shows”–the War for History, part 16

IRI Poll Release Press ConferenceFor some reason the USAID Frontlines newsletter for August 2008 has gone missing from the USAID online archives, breaking my link from other posts and pages.  Fortunately, I downloaded a file years ago.  Here is the key news item:

Kenya’s President Lost Disputed Election,  Poll Show
NAIROBI, Kenya—An exit poll carried out with a grant from USAID in Kenya after elections six months ago that unleashed a wave of political and ethic killings, disclosed that the wrong candidate was declared the winner.
President Mwai Kibaki, whom official results credited with a two-point margin of victory in the December vote, finished nearly 6 points behind in the exit poll, which was released in July by researchers from the University of California, San Diego.
Opposition leader Raila Odinga scored “a clear win outside the margin of error” according to surveys of voters as they left polling places
on Election Day, the poll’s author said.
The exit poll was first reported on by the McClatchy news agency. It was financed by the International Republican Institute, a nonpartisan democracy-building organization, with a grant from USAID.
Amid post-election violence, IRI decided not to release the poll. But the poll’s authors and the former head of the institute’s program in Kenya stand by the research, which the authors presented July 8 in Washington at the Center for Strategic and International Studies. In the exit poll, Odinga had 46.07 percent of the vote and Kibaki had 40.17 percent. (emphasis added)

Note that in this 2008 USAID publication  there was no assertion that the poll was withheld due to being “invalid” or questionable in some fashion, as sometimes asserted by IRI, nor that it was a “training exercise” and  “never intended to be released” as claimed by Ambassador Ranneberger in a webchat in March 2008 and in talking points prepared by the State Department’s Africa Bureau in response to inquiries from the McClatchy newspapers in early 2008 and used again after publication of the New York Times investigation in early 2009.  Rather simply that a decision was made not to release the poll “amid post-election violence”. [Ed. note: For details on the State Department Africa Bureau Talking Points for media communications regarding the exit poll, see Africa Bureau under Frazer coordinated “recharacterization” of 2007 Kenya Exit Poll showing Odinga win (New Documents-FOIA Series No. 12)]

Meanwhile, now in 2016, Kibaki’s successor is rolling out his re-election campaign in the form of a Jubilee Party to be assembled from the dissolution of Kenyatta’s TNA, Ruto’s URP and various other party vehicles. All this is being done through ceremonial meeting/events at State House, serving notice that the legal restrictions on the use of public resources for campaigns found in the Elections Act of 2011 are no impediment where His Excellency the President is concerned.

Even Kibaki used private venues, rather than State House, to form and announce his Party of National Unity for his 2007 re-election.

No public word that USAID or the State Department are reconsidering the underwriting of this latest presidential vote. USAID published an RFP for a $20M election assistance program last December although it was also removed from the government’s websites after it was due to be awarded.

Secretary Kerry will be coming to Nairobi later this month, perhaps reprising Secretary Clinton’s summer 2012 visit ahead of the 2013 election.

Mudavadi offers wise response to Uhuruto victory rally on Post Election Violence

“Greatness is not attained by glorifying yourself in times of victory. It comes only when you handle victory in great humility,” he said.

The former Vice President said the Afraha rally was in bad faith particularly for the 2007-08 post-election violence victims who are still in tears and despair nine years later.

“Kenya’s healing lies not in holding a roadshow prayer rally. It lies in the Truth Justice and Reconciliation Commission (TJRC) report which Jubilee, with her numbers, has deliberately failed to push for adoption in Parliament. The report offers better options for healing, compensation of PEV victims, cohesion and measures of dealing with ethnicity that has crippled our state,” he said.

Mudavadi dismisses Afraha rally as “roadshow”.

Mudavadi was Raila’s running mate in 2007 and presumably would have been in place to become Prime Minister under a new constitution if the Kibaki vote totals had not been marked up at the ECK to keep Kibaki in office and unleashing carnage.  In 2012, Mudavadi was the original choice of some more responsible, less jingoistic elements of the Kikuyu establishment over Uhuru, and had a signed deal for Uhuru’s support, for which Uhuru reneged.  Ultimately, Mudavadi seems to have proved to be too temperate, too sober for the times.

From this blog four years ago:

The political establishment in Kenya will not be easily moved in the 2012 elections, now most likely ending up to be in 2013 through a complicated series of legal wickets for which no one has claimed responsibility and for which there is no obvious popular support. I hope it is finally dawning of any doubters that the Government of Kenya as an institution is quite mobilized on balance to try to stop the ICC, as it has been–and not in favor of any substitute local justice mechanism.

Impunity consolidates power with “mistrial” for Ruto and Sang; congratulations to American friends and factors of UhuRuto administration

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.

UhuRuto Campaign Ad Kenya 2013

UhuRuto billboard March 2013

[Updated] Latest Podesta Group Foreign Agent disclosure filing on lobbying for Kenya: Media, Congress and Executive Branch, State Comptrollers and Treasurers

[Update March 25–readers have asked how much Kenyan taxpayers are giving the Podesta Group.  According to the Justice Department filings, the current 1 year contract through May 2016 costs $360,000 US, payable at $30,000 month in advance, plus expenses. So the minimum cost of the “contacts” shown at the link below for June-August is $90,000.]

The Podesta Group filed its latest supplement to its Foreign Agent Registration Act disclosure of lobbying contacts for the Government of Kenya with the U.S. Justice Department last month, covering its work during the third quarter of 2015:

Foreign Agent Registration Act filing Podesta Group Supplemental Statement 2-16 for 2015-Q3 Kenya

As you can see, the lobby group continued to work public relations efforts with media outlets such as the New York Times, Los Angeles Times, Reuters and The Guardian, along with Congressional offices, the National Security Council, the State Department and other agencies, various think tanks, and financial officers of the States of Mississippi, South Carolina and Texas.

See: Washington Post, New York Times, Poltico, Roll Call, Foreign Policy, Guardian, Financial Times, Reuters, Washington Diplomat

Museveni’s Election Commission has released voting station data–putting Kenya’s IEBC to shame

See “Ballot box stuffing in Uganda elections: early analysis of open election data surfaces suspicious stations“from Drew Bollinger at developmentSEED.org.

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.