Kenyan civil society groups who have been carrying the lonely burden of advocating for judicial accountability for the organized portion of the post election violence once again stood in the face of state power this week. The Kenyan government sought…
I must have read, or at least skimmed, dozens of Kenya articles, papers or policy briefs that include, usually near the beginning, reference to the alleged circumstance of Kenya being “on the brink of civil war” at the time of February 2008 post election “peace deal” brokered by Kofi Annan between Mwai Kibaki and Raila Odinga. Invariably, this important assertion is without any type of citation or elaboration. It has become self-referential conventional wisdom.
In the case of political science papers on narrower topics–those along the lines of “What can ‘big data’ tell us about gender disparity in boda-boda fares in rural Kisii eighteen months after Kenya’s Post Election Violence?”–the “brink of civil war” reference is boilerplate contextual introduction. More significantly the “brink of civil war” phrase is standard in writings on issues of foreign policy, conflict avoidance and resolution, electoral violence specifically and the development of democracy more generally. In these writings, the validity of this relatively untested characterization matters a great deal.
I don’t say this to be critical–the “brink of civil war” line is found in the writings of personal friends and people for whom I have the utmost regard. Which in a way makes it all the more important to raise my concern that the terminology may unintentionally mislead those who don’t have personal knowledge of the ins-and-outs of what was happening in Kenya from December 27, 2007 to February 28, 2008 and may skew historical understanding.
There were several types of violence in various locations in the country triggered from the election failure. My contention is that none of them were close precursors to any likely civil war.
To put it directly, the incumbent administration seized the opportunity to stay in power through the up-marking of vote tallies at the Electoral Commission of Kenya and the immediate delivery of the contested certificate of election to State House for the quick secretly pre-arranged swearing in of Kibaki for his second term before his gathered supporters there. The incumbent President and Commander in Chief remained in effectively complete control of all of the instruments of state security–the Police Service and Administrative Police and General Service Unit paramilitary forces, along with the military forces and intelligence service–all of which were part of the unitary national executive.
Notably, the Administrative Police had been deployed pre-election to western areas of Kenya in aid of the President’s re-election effort as we in the International Republican Institute election observation were told in a briefing from the U.S. Embassy on December 24th and many Kenyans had seen on television news broadcasts. While this initially led to disturbing incidences of pre-election violence against individual AP officers, by election day the vote proceeded peacefully with voters cooperating with deployed state police at the polls.
A civil war scenario would thus have involved an insurrection against the State. I really do not think this was ever likely, most importantly because none of the major opposition leaders wanted it, nor a critical mass of the public without any pre-defined leadership.
While Kibaki’s official “victory” by roughly 200,000 votes rested on a reported 1.2m vote margin in Central Province, significant strongholds of the opposition were in parts of Nairobi and in the west overall, starting in the western/northern parts of the Rift Valley and including Western and Nyanza Provinces. The violence on the Coast was not broad and extreme and eastern Kenya was not destabilized in the way that it has been in recent times. The key ‘slum’ areas in Nairobi were fairly effectively sealed in on the eve of the vote as government security forces deployed in Nairobi. Violence in the slums was no threat to overthrow the government and never broadened to seriously threaten areas where the political class (of whichever party affiliation that year) lived.
Palpable fear of a mass scale conflict between opposition civilians and state security in Nairobi largely ended when Raila cancelled the planned ODM rally for January 3, 2008 as the GSU continued to surround Uhuru Park shoulder to shoulder. As best I could tell the EU at that point came around to support the U.S. position in favor of negotiated “power sharing” in lieu of a new election and/or recount or other remediation. Acts of terrible violence continued to ebb and flow in specific places but Kibaki’s hold on power was not threatened as far as I can see. (more…)
Is Uhuru on his way to being the next East African authoritarian American darling? [originally I asked in April 2013; we are moving that much more quickly along the path with Secretary Kerry's current visit ahead of Obama in July, as…
Let me be clear that I have always supported the pursuit of the ICC cases for the 2007-08 post election killings in Kenya. Not because the ICC was necessarily a good option but because it was that or nothing. My…
Africa Confidential's free article this month gives the best overall summary of the state of the Kenya government a year after Uhuru and Ruto took office, "A Year of Living Precariously" Crime, inflation and grand corruption have risen sharply in…
The great puzzle for those of us who have worked on “democracy promotion” or “democracy support” in Kenya has been whether there is something that can be done to assist Kenyans in building meaningful, coherent political parties that are more than amorphous vehicles for individual ambitions and a “tribal” spoils system. The record in this regard has been discouraging. When I was with IRI in 2007-08, one of my European counterparts of long experience explained that his organization had concluded that the effort was simply not fruitful and resources were better spent in other areas.
At this point I am afraid that we see some history repeating itself. TNA is having difficulties with the inattention of its titular leader, President Kenyatta. It is not hard to see TNA now as simply a vessel for Uhuru’s campaign, a means that he created to line up his core Kikuyu support when, supposedly, there was significant sentiment among the elites to find alternatives due to the difficulties of the ICC charges, and even the notion that it might be safer to chose Mudavadi or someone else who was an amenable insider but a member of another tribe. Certainly Uhuru’s record as a party builder is not encouraging. After being tapped as KANU leader by Moi in 2002 and losing to Kibaki he kept leadership of the party (with Ruto as a Secretary General) and was one of the leading figures in the formation of the Orange Democratic Movement as leader of the Official Opposition in Parliament, campaigning against the “Wako Draft” constitution in Central Province during the November 2005 referendum.
Nonetheless, as things were shaking out to nominate a presidential candidate for the ODM side in the second half of 2007, Uhuru made the unprecedented move as leader of the parliamentary opposition to cross over to support Kibaki’s re-election. Moi also announced his support for Kibaki in this time frame. Uhuru kept formal control of KANU but the party was gutted as most of the potential KANU voters in the Rift Valley went with Raila, along with Ruto who formally joined ODM, contested for the nomination there and served as a key figure in the “Pentagon”. Then Uhuru himself struck out to form TNA for the 2012-13 race.
The more things change, the more they stay the same.
Kenya’s government is led by Uhuru Kenyatta and William Ruto, who barely left KANU in form, and not at all in substance. Not surprisingly, as in the past, protests against the government are in general not allowed and protesters are normally teargassed, beaten and arrested. The fact that this is unlawful behavior by the government does not change the facts on the ground, whether under the 2010 “reform” constitution backed by the United States and the Kenyan voters, or under the old Lancaster House constitution as amended. This was the case during the Kibaki interlude when I lived in Kenya in 2007-08, and it has most certainly been the case during the original Kanu regimes and the current Jubilee revival.
The most recent conspicuous episode was on Thursday, February 13.
For people protesting against the Kenyan government to get the attention of the media they need to engage in something especially catchy beyond the usual shedding tears and blood and getting arrested. Last year, for instance, protesters made international news by releasing pigs in front of parliament to protest the extra-legal raises that the MPs, or “MPigs” were giving themselves. Of course the protesters were teargassed, beaten and arrested, but at least they made the news.
Unfortunately, after the fact the use of the pigs became something of a distraction to the issue of the financial avarice in parliament. Nairobi is a cosmopolitan capital in its own way, and for many, naturally, there is a right way to get teargassed, beaten and arrested, and a wrong way to get teargassed beaten and arrested. Everyone is a lot more used to greedy politicians than to real pigs turned loose in front of parliament. So this time organizers of the February 13 protest assured that they would not use any such animal stunts. (This time they had foam dolls to depict an infantile “diaper mentality”.)
With the build up of publicity and momentum for the announced and pre-cleared protest, the police blinked and announced to the media at the last minute that the protest was purportedly “cancelled” because of unspecified alleged terrorism concerns. Overlapping with this some Kenyan media outlets carried what the Standard headlined: “National Security Advisory Committee Statement on plans to destabilize government”:
These are four five recent columns from the Kenyan papers on different aspects of the current malaise in public affairs. Each makes a general point which I think is of undoubtedly valid, but adds some perspective, analogy or point of…
“Why Uhuru and Ruto must attend trials in The Netherlands” by George Kegoro in the Daily Nation.
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I have found possible answers to this question in the record of the first presidential debate that was organised by the Kenyan media in the run-up to the March elections. The moderator, NTV’s Linus Kaikai, explored the question of the trials with Mr Kenyatta against the fact that he was seeking to become president of Kenya. Specifically Mr Kaikai wanted to know how Mr Kenyatta would juggle between attending his trial and the duties of presidency if he was elected to office.
On the night, Mr Kenyatta provided well-considered answers to questions surrounding their cases and the presidential bid. Referring to himself and his running mate Mr Ruto, Mr Kenyatta indicated that “it is our intention to follow through [the cases] and ensure that we clear our names”. He added that he considered accountability before the ICC as a necessary step towards ensuring that the kind of problems that Kenya faced in 2007 would not recur.
In his own words: “At the same time, we are offering ourselves for leadership in this country, a position that we believe and want to pass on to Kenyans, an agenda that will first and foremost ensure that the kind of problems of 2007 are put to an end.”
Asked whether the cases would affect his capacity to run the country, he said, “many Kenyans are faced with personal challenges and I consider this as a personal challenge”.
He said he considered that since personal challenges did not affect the capacity of other people to continue with their day-to-day jobs, they should not prevent him from doing so as well.
On that night, Mr Kenyatta concluded: “I will be able to deal with the issue of clearing my name while at the same time ensuring the business of government is implemented”.
Earlier, during the same debate, in answer to a question about his understanding of the problem of tribalism and how he would be different from Kenya’s first three presidents, Mr Kenyatta answered that “we have a new Constitution now” and added that “my job as president is to ensure that the Constitution is implemented”.
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“The Eagle Has Landed: Kenya and the ICC” by John Githongo in The Star.
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. . . History is being made.
The ICC has redefined Kenya’s foreign policy totally and turned domestic politics inside out. Immediately after the post-election violence in 2008, Kenyans were clamouring for the ICC to intervene given the horrors that had just taken place.
Accountability, justice, impunity, reconciliation and other such words were the primary fodder of political discourse as we headed into the referendum on the constitution in 2010. Indeed, it can be argued that even among those most strongly opposed to the new constitutional dispensation, the dark looming cloud of the ICC and all its implications, especially the public mood that accompanied it through 2008 into 2010, all served to soften them up to demonstrate their pro-change, reformist credentials at a time when the country’s leadership and the messy albeit negotiated coalition arrangement was particularly unsatisfactory to the population.
If it hadn’t been for the ICC, perhaps more of the so-called ‘watermelons’ who pretended to support the new constitution while secretly being opposed to it, would have come out into the open with their true position.
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. . . Parts of the Kenyan population are in just such a trap: caught between our preaching about and, yes, belief in, good governance and accountability; and its realities when brought to bear in our tribalised, politicised and fragmented political economy. Grimly put – ‘it hurts like hell when it is my tribesman who is being held accountable’. It hurts so much it leads to some of the most gibbering rationalisations of absurdity possible.
The Kenyan government, after years of lack of success in its various diplomatic efforts to block the ICC prosecutions of key figures in the political killings involved with the 2007-08 elections, achieved a potential breakthrough at the most recent AU…