Elections 2017: David Ndii makes a rather weak case for new wine in old wineskins

This is from the Daily Nation:

The idea that political alternative necessarily means different or new people is a fallacy.

One of the most bizarre moments in my political life was walking into the Serena Hotel’s ballroom for a cocktail to celebrate the formation of Narc, and scanning the room to see Kanu stalwarts George Saitoti, Joseph Kamotho and William Ntimama mingling and laughing heartily with their erstwhile mortal political enemies.

It was the strangest and most confusing feeling.

I stayed only a few minutes and went home quite depressed.

I had the privilege of working with Saitoti thereafter and I have to say he turned out to be one of the most committed and progressive ministers in the Narc government.

“If the opposition is not an alternative” had obtained in 2002, Narc could not have been an alternative to Kanu because even its presidential candidate was a long time Kanu stalwart who once compared felling Kanu with trying to cut down a mugumo tree with a razor blade.

Yet it is undeniable that Narc’s election was a watershed in our political history.

More fundamentally, the narrative glosses over the fact that we have a very clearly defined ideological cleavage in this country that goes back to the Kanu-KPU fallout shortly after independence.

Opposition in Kenya means opposing the Kanu establishment. It means standing up for political equality and social justice.

I am not convinced. For two reasons.

First, I have always found issue with depictions of Uhuru Kenyatta as a latter day Moi (or wannabe dictator). He is not. In my view Kenyatta is simply a poor administrator with a thin skin and lots of sycophantic lieutenants (not to mention a very ambitious deputy). Combine these together and you get lots of failures at different nodes of the administration; and lots and lots of stealing (the definition of a common-pool problem). Is Kenyatta himself corrupt? Perhaps. Does he have a masterplan for taking us back to the baba na mama era? I doubt it.

This doesn’t absolve Kenyatta of any of his failings highlighted by Ndii. It certainly sucks to live in a poor country on autopilot and with an “absentee-landlord” president. Rather, it’s a call for a proper diagnosis of the real causes of the failures of the Jubilee administration.

Second, the ideological commitments of members of the opposition are sketchy. When its leading lights were in government (briefly after 2003 and then after 2008) they did not behave any differently than the alleged Kanu Establishment (with the possible exception of Charity Ngilu). Just because Raila Odinga claims to be a social democrat doesn’t mean that we should believe him. His actual track record suggests that as president he would probably be somewhere between Jomo Kenyatta and Kibaki in style — able to delegate, primarily pro-business, big on elite-level ethnic regional balance, but also keen to use coercion when necessary (which is why I am always amused by Railaphobia scaremongering that depicts the man from Bondo as a rabid anti-wealth, pro-poor socialist. Look at the man’s record. He is no more pro-poor than is Kenyatta).

Musalia Mudavadi, who stands the best chance of beating Kenyatta this August atop a united opposition ticket, is essentially a scion of the Kanu Establishment.

Change for the sake of change is not always a good thing.

The case that an opposition government would be less corrupt, more competent in managing the economy, and more inclusive than Jubilee is fairly weak. After nearly fours years under the system of devolved government, the opposition’s record on actual policy performance is paper-thin. Their governance record is nothing to sing about. For instance, CORD controls the big urban counties of Nairobi, Mombasa, and Kisumu. Wouldn’t it be nice if they had something to point to as evidence of their administrative and policy competence? Where does the opposition stand on agricultural policy? Health policy (do they even know that there is an ongoing doctors’ strike)? Education policy? Housing and land policy?

Can we really say with a straight face that the leadership of opposition counties have sought to channel Oginga Odinga, Kaggia, JM, Pinto, Murumbi, or Seroney in their policies? Does the Kenyan left even exist anymore among the political class?

The Jubilee government has failed on many fronts, and ought to face a strong challenge come August. But the Kenyan public shouldn’t be expected to hand the opposition the keys to State House simply because they are in the opposition. They must first show wananchi what is in it for them. They must demonstrate that they get the issues that affect the proverbial number of sufurias in Kenyan homes.

PS: This is not some starry-eyed case for a third force. Rather it is a call for more rigorous arguments for either reelecting Jubilee or voting for the opposition from their respective intellectual backers. I am a big believer in making do with the politicians we have.

PSS: It is sad that 2017 will not be about the counties. It ought to have been about the counties. And bringing government closer to wananchi.

Electoral Integrity Issues Ahead of Kenya’s General Election in August 2017

1. Raila Odinga won the 2007 presidential election, at least according to aggregate results from media houses. On a related note, President Kenyatta will most likely face a stiff challenge from a unified opposition, a fact that will put the integrity of the outcome in the August 8th presidential election front and center. Which is why it is a little scary that with just eight months left Kenyans are still fighting over the impartiality and preparedness of the country’s electoral management body, IEBC. It is also worth noting that there is a non-zero probability that Raila Odinga will not be on the ballot this August; and that this would do very little to reduce the likelihood of electoral violence if the polls lack integrity.

2. Kenyan governors have rejected the proposed manual backups for the electronic voter verification system in the August 8, 2017 General Election. This issue threatens to plunge the country into a period of heightened political tensions over the next several weeks, with the opposition having promised street demos if the government doesn’t soften its stance. There is still hope that cooler heads will prevail in the Senate and deliver a consensus outcome.

3. The Independent Electoral and Boundaries Commission (IEBC) is about to be reconstituted. Ethnic Regional balance issues remain. These are rather silly. Ezra Chiloba, the current IEBC CEO, is a very capable man and it would be a shame if he were to lose his job simply because of the lottery of birth.

4. KPMG will audit the voter register which currently has 15.85 million listed voters. Through a court challenge the opposition has temporarily stopped the award of the tender to KMPG. CORD is claiming that not enough stakeholders were involved in the tendering process. I suspect that the real reason is that CORD does not trust KPMG to do an honest job. It bears stating that private firms, including big-name multinationals, have historically not been above being compromised by sectional political interests in Kenya.

On a side note, most observers seem to think that the biggest political career on the line in 2017 is that of Raila Odinga. I disagree. The biggest political career on the line in 2017 is that of Deputy President William Ruto. Politically speaking, Ruto is between a rock and a hard place. He will wield immense political power, and have control over his political future, right up until the August 8th election is decided. Thereafter he will lose control over his political future.

If Kenyatta wins, he will immediately become a marked man. Five more years as number two will definitely grant him access to even greater financial resources and ability to bolster his political power. But it will also invite the envy of fellow elites wary of having to face a powerful and self-disciplined politician like only Ruto can be. In my view, Ruto has the potential to be Odinga and Moi rolled into one — i.e. fanatical mass support and incredible self-discipline and work ethic. Needless to say, this scares a lot of Kenya’s fat cats who’ve grown used to the absentee-landlord nightwatchman presidency of Kenyatta. There is also the small matter that Kenyatta’s base will likely not support Ruto in 2022 for this same reason.

If Kenyatta loses Ruto is toast. The music will stop. The cash spigot will be turned off. His ties to voters and grassroots leaders — which at the moment is almost purely transactional and dependent on incredible levels of personal generosity — will most certainly evaporate. His political base will likely be carved up by rivals, with Bomet’s Ruto and Gideon Moi hiving off their separate chunks for use as leverage for political favors and financial resources from Nairobi.

Ruto’s best chance at winning in 2022, IFF Kenyatta wins this year, is to convince Kenyatta to step down before his second term expires. That way Ruto can serve the remainder of Kenyatta’s term and run in 2022 as an unbeatable incumbent president. Show me a Kenyatta associate who would want to see this happen and I’ll show you a liar.

Of course there is also the possibility that Ruto looks down the game tree, does not like what he sees, and decides to make this year’s election a little more interesting than most people anticipate.

 

Five Things You Should Know About the Ongoing Monday Protests in Kenya

Over the last couple of weeks opposition parties in Kenya have staged public protests across the country demanding for personnel changes at the Independent Electoral and Boundaries Commission (IEBC) — Kenya’s electoral management body (EMB). This week’s Monday demonstrations turned violent in some towns and cities, with at least four people reported dead at the hands of anti-riot police.

The organizers of the protests have vowed to keep at it every Monday until the current IEBC commissioners resign. Here are the five things you need to know about the protests:

  1. A plurality of Kenyans have lost faith in the IEBC (see here). Screen Shot 2016-06-07 at 8.07.41 PMIn the run up to the 2013 election, several members of the commission (then known as IIEC) and its secretariat were implicated in graft (known as the chickengate scandal) involving a number of British companies. These individuals’ accomplices were found guilty by UK courts; and court documents explicitly mentioned the Kenyans that were bribed by their UK counterparts. Yet a number of those adversely mentioned in the UK court documents continue to remain in office — including the chairman of the commission, Issack Hassan. It is partially for this reason that a plurality of Kenyans (including politicians on both sides of the political divide) have lost faith in the IEBC.
  2. Opposition politicians, including those in CORD and KANU, want the IEBC reconstituted over suspicions that its current leadership favors incumbent Uhuru Kenyatta and the governing Jubilee Alliance. CORD (in my view, erroneously) maintains that the IEBC was used to rig the 2013 election in favor of President Kenyatta. KANU has most recently accused the same EMB of rigging the Kericho senatorial by-election in favor of the Jubilee candidate. CORD has also argued that its failure to meet the threshold for a popular referendum (dubbed Okoa Kenya) —  whose main thrust was a change in Kenya’s electoral laws — was a result of bias within the IEBC. CORD wants the IEBC reconstituted and the new commission to have proportional representation of parliamentary political parties. Although the constitution lays out the procedure for removing commissioners of an independent entity like IEBC (through Parliament), CORD is wary of this option due to its minority status in the legislature. Initially it pinned its hopes on a popular referendum. But when that failed it resorted to mass action in a bid to strategically influence any eventual institutional reform of the IEBC (in my view this eventuality can partially be blamed on the singular failure of the(Jubilee) leadership of the National Assembly).
  3. The Uhuru Kenyatta Administration is caught between a rock and a hard place. On the one hand, it is hard for the administration to defend an obviously tainted EMB. This would also go against its continued claim that the IEBC is an independent body. But at the same time, the administration needs a reform path that will not embolden the opposition. The thinking within the Jubilee Alliance appears to be that if they give in to CORD on IEBC, what will CORD demand next? The contention that any and all reforms touching on the IEBC should follow constitutionally stipulated channels is partly motivated by this fear. In this regard, if CORD is genuine about surgical reforms specifically targeting the IEBC, it’s leadership should perhaps think of a way to credibly signal to the Kenyatta Administration that their reform agenda is limited in scope. From a purely political standpoint, President Kenyatta has reason to be cautious about the potential to open a whole pandoras box of constitutional reforms.
  4. Police brutality is (still) common in Kenya. Screen Shot 2016-06-07 at 7.27.32 PMOne of the goals of Kenya’s new political dispensation following the adoption of a new constitution in 2010 was police reform (majority of the 1,300 killed in the post-election violence of 2007-8 were shot by police). The institution even changed its name from Police Force to Police Service; and an independent police oversight authority was created (to democratize the institution through civilian oversight). But experience since 2013 has shown that these attempts at reform have not yielded any tangible results. The Police Service is still as corrupt as ever. And has little consideration for constitutional limits to its use of force (see image). Which means that more Kenyans will be killed in the hands of the police if the Monday protests continue.
  5. The 2017 presidential contest will likely be more competitive than most people think. Six months ago I would have predicted a landslide reelection victory for President Uhuru Kenyatta in 2017. Not anymore. President Kenyatta is still the favorite to win (because of incumbency advantage). But the jostling over control of the IEBC and the Supreme Court are telltale signs that the political class is expecting a close contest that will likely be disputed. It says a lot that despite being the incumbent, President Kenyatta’s poll numbers have stubbornly stuck in the low 40s (he can thank mind-blowing corruption and general Public Sector incompetence for that). This means that unless we see a drastic shift in regional alliances, next year’s election will most likely go to a runoff contest between Kenyatta and Odinga — which will be close. The more reason to have credible institutions in the form of a trusted IEBC and a Supreme Court beyond reproach. 

What does this say about overall political stability in Kenya? At this point in time I am a lot  more worried about county-level electoral violence than a 2007-08 style national disaster. That said, there is reason to fear that continued police brutality, especially targeting opposition supporters, may trigger wider civilian violence against presumed Jubilee supporters.

It is a little too early to talk specifics about next year’s presidential election. But what is clear is that Kenyatta’s reelection battle will no longer be a walk in the park.

Fraud and vote patterns in Kenya’s 2013 election

Update: The video link now works. Many thanks to SAIS for fixing it and letting me know.

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The video below has been making the rounds in the Kenyan online community. The Daily Nation even reported on the claims by UCSD Professor Clark Gibson and James Long, Asst. Prof. and University of Washington, that President Uhuru Kenyatta may not have crossed the 50% threshold in the March 4th election. The duo conducted an exit poll (N = 6000) on election day that showed both candidates in a statistical tie at 40.9% for Odinga and 40.6% for Kenyatta. In the presentation Clark and James make the case that exit polling is superior to PVT because it is immune to things like ballot stuffing and tallying fraud. NDI sponsored ELOG conducted a PVT that confirmed the results announced by the Kenyan EMB, the IEBC.

[youtube.com/watch?v=68a3cUrq1gI&feature=youtu.be]

I do not really know what to make of this poll finding by James and Clark at the moment. I am waiting for the actual MP and Governor elections results to be published by the IEBC so I can try and see if the results in these local races were in line with the presidential results.

Day 3 after the Kenyan election

Counting is still going on following Monday’s general election in Kenya. Following the close of polls the electronic tallying system for the presidential election crashed, forcing the IEBC to resort to a manual tallying system.

Just under half of the 290 constituencies have so far reported. Mr. Kenyatta still holds the lead, by about 350,000. The projected national turnout stands at 82%.

The IEBC has promised to release the final results tomorrow (Friday).

A couple inexplicable things have happened since my last post.

Firstly, the 300,000+ “rejected votes” that consistently made up 6% of votes in the initial tally have dwindled down to 40,000 – less than 1% of the total votes counted so far.

The IEBC’s explanation was that there was a software malfunction in the electronic tallying that increased the rejected votes by a factor of eight.

Secondly, both CORD and Jubilee coalitions have issued statements regarding the tallying process. CORD claimed that some results were “doctored.” Jubilee claimed that the UK government had sent troops to Kenya and that the high commissioner was trying to influence the tallying process.

None of these claims have been substantiated. Kenyan media houses have agreed to deny live coverage to such political pronouncements.

Life is slowly getting back to normal – I was glad to see traffic on Nairobi roads today!

With regard to the final result, it is clear that Mr. Uhuru Kenyatta has an unassailable lead over Mr. Raila Odinga. What is not clear is whether or not he will win by a wide enough margin to avoid a runoff.

The wait continues…