Diplomatic engagement from Western Democracies stepped up on Kenya protests

The observation in my last post that diplomats in Nairobi and Western capitals were unusually quiet about the Azimio opposition protests and the Government response in Kenya has been somewhat overcome by events.

My sense is that with Ruto touring Western Europe and the Biden Administration running its Summit for Democracy and the Vice President Harris tour (Ghana, Tanzania and Zambia) and the U.S. hosting business investment promotions in Nairobi, there was a previously unusual desire to avoid getting sucked into Kenyan politics and rather to stay “on message”. The countries for whom democratization is somewhere in the mix diplomatically—in particular the United States—presumably hoped initially that opposition demonstrations would not generate a critical mass of disruption/instability to warrant official attention.

That did not turn out to be the case as neither the Kenya Kwanza Administration nor the Azimio opposition were willing to minimize provocation and escalation and were presumably playing to a global as well as local audience (as in the election last year and previous years). So now we have a variety of statements and comments from U.S. Ambassador Whitman and a formal joint statement from a raft of embassies of Western democracies in Nairobi as well as the dispatch of Delaware Senator Coons to engage the two Kenyan “sides” in “informal” diplomacy.

I am far removed at this point in my life from Washington diplomacy and bilateral international political engagement, so I will be uninformed about various things important within that circle, but I do not detect any deflection from the baseline U.S. Kenya policy as it was explained to me for the 2007 election after the fact: support the determination of the ECK/IIEC/IEBC.

In 2007 the “capture” at the ECK and accompanying malfeasance was too obvious and was called out after the voting by the EU and by other European democracies — and ECK Chairman Kivuitu publicly acknowledged his regret at being pressured to go along with certifying a Kibaki win. So the U.S. quickly pivoted withdraw congratulations to Kibaki, to declare the results as “unknowable” and to push a requirement for Kibaki to share power.

As I have explained here on this blog years ago and in The Elephant from my FOIA reviews, Ambassador Ranneberger’s cables to Washington before that 2007 election had argued that it would be “enormously damaging” for U.S. interests to “be forced” to acknowledge election fraud because of the magnitude of our relationship with Kenya, even though both Raila and Kibaki were “friends of the United States”. But part of the reason for the initial approach to “look and point the other way” at election fraud at the ECK was Ranneberger’s assessment (in his December 24, 2007 cable) the Courts were well understood to be corrupt:

14. As long as the electoral process is credible, the U.S.-Kenyan partnership will continue to grow and serve mutual interests regardless of who is elected. While Kibaki has a proven track record with us, Odinga is also a friend of the U.S. . . .

15. It is likely that the winner will schedule a quick inauguration (consistent with past practice) to bless the result and, potentially, to forestall any serious challenge to the results. There is no credible mechanism to challenge the results, hence likely recourse to the streets if the result is questionable. The courts are both inefficient and corrupt. Pronouncements by the Chairman of the Electoral Commission and observers, particularly from the U.S., will therefore have be [sic] crucial in helping shape the judgment of the Kenyan people. With an 87% approval rating in Kenya, our statements are closely watched and respected. I feel that we are well -prepared to meet this large responsibility and, in the process, to advance U.S. interests.” END

The one thing Kenyans as a whole—as opposed to the successful politician perpetrators—got out of the 2008 Post Election Violence was a partially reform-oriented 2010 Constitution that created the Supreme Court that changed the equation to challenge presidential vote tallies.

This time after 2022 it is sort of the opposite extreme from 2007—a general diplomatic unanimity that in spite of the actual closeness of the vote and an overt power struggle within the IEBC the conduct of the voting and results reporting were in substance greatly improved as well as upheld by the Supreme Court. Thus zero sympathy for the notion that Azimio and Raila in particular have any entitlement to relitigate on the streets after months of what can be seen from the outside Kenya as political stability and positive diplomatic interaction with the new Government.

My sense in 2017 was that there was a certain grudging admiration for the Opposition in winning at the Supreme Court (in the first round; a quorum could not hold against Executive pressure on considering terms of the re-run) on the basis of the IEBC irregularities, accompanied by some resentment for Raila’s claim that he had “actually” won, which was widely seen as dishonest and without substance, or at least a serious attempt at proof.

I think that any diplomatic support the Opposition can muster from the U.S. or European democracies will be based strictly on pragmatic immediate stability interests—diplomatically “we” do not care about Ruto’s past record and now see Raila as having spent his capital on being “the People’s President” in 2008 and on to the Handshake with Uhuru. Of course “we” would presumably prefer all other things being equal that Ruto bring Raila in for the same reasons that “we” supported the Building Bridges Initiative at conception but I am skeptical that official Washington will see it as necessary to strongarm Ruto or otherwise spend our own political capital on this.

I really don’t think it has a lot to do with Raila personally, one way or the other—I think if he was President we would flatter him the way we flatter Ruto, having no genuine or sincere misapprehensions about the character or track record of either man. Just as Trump and Biden were big “fans” of Uhuru as President of Kenya, the same status would have been enjoyed by Raila had he been certified by the IEBC.

I can see why this would be hard to swallow for Raila and his close confidants—“how does Kenya end up in the hands of someone like Ruto with Riggy G instead of us when we won in 2007 in the old system and finally made a preemptive deal with Uhuru for 2022 after the 2017 mess?”.

My personal answer to Raila would be that you let BBI turn into such a fiasco that you let Ruto, of all people, run as if he were “the opposition” while you ran as in effect the defender of much you had been in opposition to in the past. Yet you and Uhuru still failed to actually get any of the original “fixes” envisioned for BBI passed. You let the IEBC sit open without quorum without real protest. You should have known well that Ruto was more energetic, more wily and more ruthless than both Kibaki and Uhuru, with each of whom he aligned in facing corruption and ICC charges from the early days of the 2nd Kibaki Administration. In spite of all that it was an extremely close election, but you had the opportunity to win convincingly with a few better choices it seems to me. Regardless of all this, when you did not follow up to closely examine in public what happened at the ECK in 2007, or after the Supreme Court rulings in 2013 or in 2017, what is it you expect now?

Uhuru and Raila competed for Ruto’s hand as Deputy in 2012 – it would have been rational for Western diplomatic actors to support a Ruto-Uhuru wedding to inoculate against the type of PEV used in 1992, 1997 and 2007-08.

Did we do this? I really have no idea factually. Back in 2009 when I attended my first annual meeting of the African Studies Association, in nearby New Orleans that year, I was left with the notion after sitting at the knee of an up-and-coming “scholar/actor” that diplomatic players in the U.S. and/or the U.K. and whomever else might fairly obviously be expected to try to broker a pre-election Kalenjin-Kikuyu coalition.

UhuruRuto Kenya 2013 billboard Nairobi

At the time, the idea of helping put together Uhuru Kenyatta and William Ruto would have seemed improbably Machiavellian.

Again, as I said, no idea. But if I were to resume taking a look-see into the 2013 election following my initial FOIA request about the IFES program at the IEBC I would be interested to get into the pre-election period as well.

 

Kenya’s election was very close – would Raila have won with Ngilu instead of Karua as running mate?

Raila Odinga Kenya president campaign

The closeness of the election is somewhat obscured now by the “winner take all” nature of Kenya politics and the quick consolidation of power by Ruto, but it really was very tight under any view. No disrespect to Martha Karua intended because her choice did help revitalize Raila’s campaign when he had persistently trailed in the polls throughout and then moved ahead when she was tapped.

Nonetheless, all politics in Kenya is local/tribal and she was undoubtedly picked in part to try to offset Raila’s weakness versus Ruto in the core Kikuyu old Central Province, as well as a play for “good governance” support from the “international community” and civil society (which had adopted Karua for a variety of reasons in recent years in spite of her understood role as a Kibaki Kikuyu hardliner opposed to the peace deal and power sharing in the 2007-08 ECK and PEV crisis).

At the end of the day, I think Karua was respected but not highly popular, whereas Ngilu was less respected internationally, and perhaps among some parts of Kenya’s more intellectual class, but more popular as a politician.

One thing that I am guessing that happened is that Raila overestimated the practical value of going with a “Good Government” choice in terms of support from Washington and London, and otherwise from “the Western donors”, just as he overestimated the transferability of the support that Kenyatta had in those capitals to him. I think he just may have been behind the times on this: there were years when Ruto or a candidate with his profile would have drawn active criticism internationally for corruption but 2022 was just not such a year for a variety of reasons. Likewise people in Washington that considered Ruto “dangerous” as late as a couple of years ago because of his role in the PEV seem to have gotten over it once they saw him as the long-established frontrunner in the polls and BBI not catching on. I think many were unsure whether Kenyatta was really going to follow through on supporting Raila which made it that much easier to rationalize a Ruto presidency.

“On the ground” among Kenyan voters, Raila could not pull off running a traditional opposition anti-corruption oriented campaign after several years of the handshake and clearly counting on Kenyatta’s support. Too much cognitive dissonance, especially after getting beat in the Courts on a BBI that got larded up and bogged down to the point of becoming notably unpopular in its own right. On that front, the Karua pick seems to have proven too late and too out of step with the messaging from Raila’s other coalition heavyweights.

Given that he was behind in the polls and needed a spark, I do think choosing a woman made sense, but Ngilu as a more traditional Kenyan politician who was a current office holder and a long established vote getter from a “swing” region and ethnicity might have fit the bill quite a bit better. A more obvious choice to match up versus Mudavadi and Wetagula on Ruto’s side and a more congruous fit with the rest the established heavyweights on the Azimio team.

“A Few Thoughts on the Kenyan Election”

A Kenyan friend recently checked in to ask what I had written about the Kenyan election. I had to say “very little”. I have been committed to my more unique role as a witness to what went wrong in 2007-08 and tried to avoid the risk of being just another opinionated outsider missing the real conduct and motivations of the opaque competition for power through the election.

Nonetheless, I did send a private email memo to a few friends in Kenya and Washington back on May 15, 2022 (shortly before Raila and Ruto chose running mates) titled “A Few Thoughts on the Kenyan Election”:

1. First big election in Africa after the end of the Post-Cold War peace in Europe.

2. In this environment, the democratic Western players are less able to credibly claim to speak for a notional international community.

3. So on balance, not much reason to indulge Kenyatta now the way we did Kibaki in 2007. Unless we can be sure that the Kenyattas have a deal with Ruto to assure no major violence, why would we signal that we would be willing to look the other way if they steal it for Raila? Major violence would be riskier and more unpredictable now than back in 2007. On the other hand, if they do steal it, the last thing we would want to do is risk instabilty on behalf of a few votes for Wm. Ruto.

4. Obviously Obama and Trump and their administrations overestimated Uhuru for 15 years, but if we really cared about the details of Kenyan politics we would have gotten serious about injecting some competence into Kenyatta’s BBI fiasco.

5. There are still a few weeks left in a 4 1/2 year campaign so Raila could get it together, but who really thinks that’s highly likely? Under the circumstances, it isn’t that hard to see why ordinary Kenyans would be attracted to a candidate who is even more corrupt and more ruthlessly ambitious, but presents as having some basic discipline and competence, among the actual choices. Especially if you have lived through recent American elections.

6. The American humorist Will Rogers (from the era of my grandparents on the small family farm in Kansas during the Great Depression) was famous for the phrase: “I never met a man I didn’t like”. We have never met a President of Kenya we didn’t like.

UhuruRuto Kenya 2013 billboard Nairobi

Just my honest, private thoughts at the time, for what it is worth.

In 2007-08, I only met Moi and Ruto once each. Loose impressions:

To me, Daniel arap Moi in person seemed more like Raila (and I am guessing Uhuru, whom I never met). A more relaxed demeanor reflecting longevity in the game presumably. At that time, in July 2007, Moi seemed to be trying to stay relevant politically. (Shortly after I met him the deal was cut whereby Moi and KANU, led nominally by Uhuru, crossed over from leading “the official opposition” to supporting Kibaki’s re-election and Moi was appointed by Kibaki as Envoy to Sudan).

Ruto was conspicuously more telegenic and articulate. Thus his natural role in squaring off against Kibaki’s Justice Minister Martha Karua at the Electoral Commission (ECK) Headquarters on television at the Kenyatta International Conference Center (KICC) during the tally in the days following December 27, 2007 election (until the Kibaki Government through Interior Minister John Michuki shut off the live broadcasting). Even though Ruto wasn’t a lawyer.

The surprising thing to me when I introduced myself briefly to Ruto was how different he came across in person than on television. A person of much more intense physical presence than a typical politician like Moi or Raila, Kalonzo, Mudavadi or others I met.

This impression lends itself to a question: is Ruto a typical Kenyan politician, or is he a telegenic but more especially dangerous person who has simply been normalized by pundits and diplomats because he acquired power by virtue of a “coalition of accused kingpins of violence” with Uhuru Kenyatta during the failed ICC prosecutions for the 2007-08 Post Election Violence (PEV)?

Or was Ruto simply normal in his relation to political violence and wrongly tagged as more responsible than other Kalenjin politicians, such that the opportunistic political gain from being indicted by the ICC is just one more common facet of democratic competition. So that in the environment of total agreed impunity of the political class for the murder and mayhem of 2007-08 Ruto has simply the normal association with violence so that his qualities of telegenic articulation can be credited positively rather than treated with suspicion?

Or is it, to the contrary, plausible to see him as something something else entirely, a fresh candidate now, breaking the mold of Kenyan politics not by virtue of having been an especially dangerous protagonist of ethnic violence, but by becoming the first real reformist to win by moving Kenya beyond ethnicity on a platform of better economic policy? Or a fresh candidate breaking breaking the mold in some other way?

Some of this depends on whether one sees continuity between the actions and history of politicians from one campaign cycle to the next, or whether it is tacitly agreed that democracy means every candidate should get a clean slate to be whatever they want to be in each particular campaign.

(Note that none of these questions are intended to comment in any detail about other comparisons between Ruto and his rivals or examine the track record of those rivals, each of whom have their own controversies even if they are easier to group together more generally.)

UhuruRuto Kenya 2013 billboard Nairobi

As usual, Non-Democratic IGAD Members to Observe IGAD Member Kenya’s Election

How many IGAD members are democracies? Well, Kenya has some genuine if flawed level of democracy, but Uganda has a president who took power by military force more than 35 years ago and the rest of the bunch are less advanced. IGAD has its value, but the idea of standing up for freedom and fairness at the polls would seem highly counterintuitive for IGAD diplomats.

From The Daily Nation: “Polls: Ex-Ethiopia president Teshome to lead Igad observer team”:

. . . mandate is to promote good governance, democracy, human rights and rule of law in the region.”

“IGADEOM is composed of seven core staff and 24 short-term observers. The short-term observers include representatives of electoral bodies and other public institutions as well as diplomats drawn from six Igad member states of Djibouti, Ethiopia, Somalia, Sudan, South Sudan and Uganda.”

Are diplomats and public officials who are not committed to democracy in their own countries likely to prioritize free and fair elections for Kenyan voters?

Good pre-election Kenya report from Carnegie Endowment

Saskia Brechenmacher and Nanjira Sambuli have released an excellent pre-election report for the Carnegie Endowment’s Pivotal Elections in Africa series produced jointly by Carnegie’s Democracy, Conflict, and Governance Program and Africa Program.

Moreover, as other analysts have noted, a recurring pattern of dealmaking between political insiders also serves to protect the economic and political power of a narrow elite class, while undermining more meaningful forms of political accountability. Politicians have incentives to mobilize voters to secure their place in elite bargains; yet once those bargains are struck, the needs of communities tend to fall by the wayside at the expense of elite interests. This pattern helps explain why inequality in the country has spiraled: according to Oxfam, “the number of super-rich in Kenya is one of the fastest growing in the world,” with “less than 0.1 [percent] of the population . . . own[ing] more wealth than the bottom 99.9 [percent].”

“The Specter of Politics as Usual in Kenya”

High risk of political violence around Kenya’s election? Of course, because violence worked well in 2007 and was ratified in 2013 and since.

 

Kenya 2007 PEV Make Peace Stop Violence

The value of violence to Kenya’s political competitors will be obvious to any of you who have read this blog over these years now since 2009.

Instrumental state violence with militia support was crucial to enforcing the 2007 “re-election” Kibaki assigned himself through control over the Electoral Commission of Kenya; instrumental violence on behalf of leaders in opposition was crucial to obtaining and sustaining international pressure on Kibaki to share a portion of power with the opposition after his “re-election” when the key hardliners in Kabaki’s political camp wanted to stand firm.

At the same time, the egregiousness of the worst of the violence in the Rift Valley may have overshot the mark and undercut possible initial international support for an examination of the election fraud witnessed by diplomats at the ECK and the bribery identified by donor nations before the vote. (See my War for History series for the details of what happened.)

So even with total impunity and immediate and future political gains to be had, burning people alive in the church in Kiambaa in particular, was arguably counterproductive in the short term from a strictly amoral perspective. But that is just my best sense of it and others closer to the situation may disagree.

Even five years ago, in 2017, the threat of violence was on the table: “Election Violence threat in Kenya–my thoughts on NDI’s new warning“.

Now, after the two UhuRuto elections, with the “coalition of the killing” in 2013 and the combined Jubilee Party re-election in 2017, we are faced with another contest where Uhuru and Ruto are on opposite sides, which has only happened once before, in that 2007 fight.  In 1992, 1997 (both marked by organized violence) and 2002 they were together just as they have been since early in Kibaki’s second administration until falling out in this race (When did Uhuru and Ruto fight? Why is the “Uhuruto” alliance allegedly so surprising?)

What will they decide on their terms of engagement this year?

UhuruRuto Kenya 2013 billboard Nairobi

 

 

 

As preparations for Kenya’s elections lag once again, cut the fog of time and remember what happened in 2007

Polling Station Olympic School Kibera

Flashback to the night of Kibaki’s twilight swearing in . . .

“Kenya could be facing its greatest crisis”, The Telegraph

Analysis

Five years ago yesterday, close to a million people watched as Mwai Kibaki was inaugurated as President of Kenya in Nairobi’s Uhuru Park.

Daniel Arap Moi, the authoritarian strongman who had ruled for a quarter of a century, was gone, his hand-picked successor roundly defeated.

A nation rejoiced. Already one of Africa’s most stable countries, Kenya could also now claim to be among its most democratic.

Last night, Mr Kibaki was hurriedly sworn in before a few hundred loyalists at a tawdry ceremony held in the gardens of the official presidential residence.

The contrast could not have been more stark.

As he lumbered towards the podium, Kenya’s cities and towns were erupting in chaos and ethnically motivated bloodshed, a predictable response after the most dubious election since the one-party era ended in 1992.

It is no exaggeration to say that Kenya is potentially facing its most serious crisis since gaining independence from Britain in 1963.

The prospect for serious violence between the country’s two most traditionally antagonistic tribes, Mr Kibaki’s Kikuyu and the Luo, led by his challenger Raila Odinga, is worryingly high.

Luos, marginalised since independence, have reason to feel aggrieved. Thanks to an alliance that Mr Odinga built with other tribes, they felt that this was their best and possibly last chance of taking power.

The farcical nature of the vote will only heighten their disappointment. The electoral commission initially claimed that roughly a quarter of returning officers disappeared for 36 hours without announcing results and had switched off their mobile phones.

When results did finally emerge, Mr Odinga saw a one million vote lead overturned.

Opinion polls showed that the contest was always going to be close, but if the official results are correct, Kenyans voted in an inexplicably bizarre manner.

After turfing out 20 of Mr Kibaki’s cabinet ministers and reducing his party to a rump in the simultaneous parliamentary poll, they apparently voted in an entirely different manner in the presidential race.

Apart from an unusually high turn-out in some of Mr Kibaki’s strongholds (sometimes more than 100 per cent ), the president then appeared to have won many more votes in some constituencies than first reported.

If it all seems depressingly familiar, it need not have been.

Mr Kibaki had lost a lot of the enormous goodwill that he enjoyed following the 2002 election after a cabal of Kikuyu cronies was accused of corruption. He also reneged on a promise to introduce a new constitution that would have returned many of his overarching powers to parliament.

On the other hand, he allowed a free press to thrive and respected the results of a 2005 referendum that went against him. Many expected he would do the same if he lost last Thursday’s election.

Instead of setting an example to the rest of the continent, Mr Kibaki’s opponents say that he has joined the unholy pantheon of African presidents who have refused to surrender power.

If he has chosen instead to squander his country’s stability and its fragile ethnic harmony it is a tragedy not just for Kenya but for all of Africa.

“You are doing a heck of a job”; Biden and Kenyatta get cozy at White House

Remarks by President Biden and President Kenyatta of the Republic of Kenya Before Bilateral Meeting

President Biden and President Kenyatta had an apparently cozy visit at the White House. Biden got to host an African head of state after neglecting to do so around the UN General Assembly. Kenyatta got to “bring home” news of a U.S. vaccine donation, personal praise from Biden and a mutual reiteration about how well the Governments of our two countries do on cooperating on terrorism, business and generally on being “partners”. See the account from Kenya’s state media, KBC.

A good way to end the week for Client 13173 of Geneva’s Union Bancaire Privée (see “Secret Assets Exposed by Pandora Papers Expose Uhuru Kenyatta’s Family“, by Will Fitzgibbon in The Elephant, Oct 8).

I do not think it unfair to read the tea leaves from this action by the Biden Administration–on the heels of announcing the appointment of Judd Devermont, late of the Center for Strategic and Studies, to formulate a new Africa policy (as John Bolton in the Trump Administration)–toward deciphering how the U.S. executive branch can be expected to play Kenya’s current election.

Of course, the “heck of a job” line in the United States in recent years is usually intended to be sarcastic.  The background is remembered with poignancy by those of us who had personal experience with Hurricane Katrina on the Gulf Coast. As explained in Taegan Goddard’s Political Dictionary:

A “heck of a job” is a complete and total screw-up. It’s used, ironically, to show when one’s view of a situation is in contradiction to easily-observed facts.
The phrase comes from President George W. Bush who visited Louisiana in the aftermath of  Hurricane Katrina and told FEMA chief Michael D. Brown, “Brownie, you’re doing a heck of a job.”
Brown later admitted he winced when Bush told him that: “I knew the minute he said that, the media and everybody else would see a disconnect between what he was saying and what I was witnessing on the ground. That’s the president’s style. His attitude and demeanor is always one of being a cheerleader and trying to encourage people to keep moving. It was just the wrong time and the wrong place.”
Brown resigned ten days after he was praised.

George W Bush praises FEMA head Michael Brown in Louisiana after Hurricane KatrinaPresident George W. Bush tells FEMA Administrator Michael Brown he’s doing “a heck of a job.” (Photo: AP)