Is Kenya prepared to go to war with Somalia over a disputed maritime territory?

Dzl_1dDXQAAJ3kdOn Saturday the Kenyan foreign ministry recalled the Kenyan ambassador in Mogadishu and asked his Somalia counterpart to leave the country. This followed an alleged London auction of oil blocks in a disputed maritime zone by the Somalia government.

A Kenyan official characterized the auction as an “unparalleled affront and illegal grab at the resources of Kenya” that would “not go unanswered”.

The government of Somalia has since disputed the charge, and in a well reasoned letter asked the Kenyan government to reconsider its actions. Earlier, a Kenyan foreign ministry official had sought to de-escalate the situation by clarifying that the two ambassadors were merely asked to touch base with their respective governments in order to facilitate consultations.

19550580_401Kenya and Somalia hold rival claims on a triangular maritime territory in the Somali Sea (see image). The matter is currently under consideration by the International Court of Justice (ICJ).

It is worth noting that Kenya and Somalia have not had the best of historical relations. In the 1960s Mogadishu supported an irredentist movement in northeastern Kenya. The rivalry cooled down during Somalia’s years of civil war. During the same period Kenya stumbled upon a policy of supporting any and all efforts to keep the conflict and instability on the Somalia side of the shared border. The latest expression of the policy has been to support the state of Jubaland, a matter that goes against the interests of Mogadishu. Jubaland State President Sheikh ‘Madobe’ Ahmed visited Kenya in December 2018, likely on a mission to strengthen intra-clan alliances and support from Nairobi. Kenya is a troop contributing country (TCC) under AMISOM, and for a variety of reasons remains to be a weak link in the fight against Al-Shabaab, the terror group.

The dust up between Kenya and Somalia reflects larger geopolitical contests for influence in Mogadishu. It is reasonable to assume that the dispute over the oil exploration blocks will not be restricted to the two countries. In addition to interested Western private energy firms (and their home governments), Mogadishu is likely to get support from its friends in the Gulf and Turkey. Meanwhile, Kenya’s primary leverage will be its important role in AMISOM. A fallout with Nairobi would likely cause serious problems for Mogadishu, and pose a serious challenge to Somalia’s territorial integrity — Jubaland may find support to sue for independence from Mogadishu.

For now, both Kenya and Somalia have expressed public commitments to respect ICJ’s ruling regardless of the outcome. This is encouraging. Existing research suggests that states are less likely to escalate tensions if they commit to legal means of settling territorial disputes.. Indeed, Nigeria and Cameroon provide a good example of two countries that managed to settle a border dispute in a potentially oil-rich area amicably.

All to say that I don’t think Kenya is going to war with Somalia any time soon.

 

How resilient is the Kenyan economy?

The FT has a great special report on investing in Kenya. Highlights include pieces on devolution, President Uhuru Kenyatta’s “Big Four” legacy projects (including an ambitious plan to build 500,000 new homes), and the promises of the tech sector.

Meanwhile, nominal GDP growth is projected to remain respectable, despite sky-high corruption and generalized administrative failures in both the county-level and national governments.Screen Shot 2018-06-28 at 6.28.18 AM.pngAnd here is an excerpt from one of the pieces:

A 2016 report from New World Wealth, an independent South Africa-based research group, found that 8,500 of Kenya’s roughly 48m people controlled more than two-thirds of the country’s wealth.

Highly recommended.

David Ndii on the Kenyatta-Odinga “Handshake” and what it means for Kenyan politics going forward

Ndii contends that “whatever comes out this [Kenyatta-Odinga handshake] … will not be transformational.” It is merely a “containment.”

Ndii also concedes that it’s impossible to work around ethnicity as the primary basis of organizing Kenyan politics.

The whole thing is worth watching:

Kenya trade fact of the day

This is from the prospectus issued by the Kenyan Treasury ahead of its $2b eurobond issue in late February.

Africa is the largest market for Kenya’s exports, accounting for 40.7 per cent. of total exports in 2016, and 37.7 per cent. in the nine months ended 30 September 2017. The Common Market for Eastern and Southern Africa (“COMESA”) remained the dominant destination of exports, accounting for approximately 72.5 per cent. of the total exports to Africa and 30 per cent. of total exports in 2016.

The European Union continues to be Kenya’s second largest export market, accounting for 21.0 per cent. of total exports in 2016 and 21.6 per cent. in the nine months ended 30 September 2017. Exports to the European Union declined by 3.7 per cent. in 2016, with exports from the United Kingdom and Germany, two of the top three destinations of Kenya’s exports within the European Union, declining by 7.6 per cent. and 5.2 per cent., respectively, in the same period. In addition, a large portion of foreign tourists visiting Kenya are from Italy, Germany, the United States and the United Kingdom, which accounted for a combined 38.2 per cent. of departing tourists in 2016.

A decline in demand for exports to Kenya’s major trading partners, such as the European Union or COMESA countries, or a decline in tourism receipts, could have a material adverse impact on Kenya’s balance of payments and economy.

Over the last five years intra-Africa trade as a share of total trade in the region has risen from less than 12% to about 18%. With the implementation of the African Continental Free Trade Area this figure will jump to over 25%, and will likely grow faster over the next four decades as the African population explodes to over 2 billion people.

Read the while thing here.

On the Odingas and Kenyattas of Kenya

This is from Jina Moore (who is doing a great job as East Africa bureau chief).

Jaramogi Oginga Odinga, the father of Raila Odinga, negotiated independence with the British. The colonial rulers wanted Mr. Odinga to lead the new Kenya, but Mr. Odinga had other ideas: He demanded Mr. Kenyatta’s freedom — and his appointment as Kenya’s first head of state.

“Kenyatta would not have been released, and he wouldn’t have been made prime minister, if it hadn’t been for Odinga’s backing,” said Daniel Branch, a professor of history at the University of Warwick and an expert on post-colonial Kenyan politics. “The two men always admired each other.”

Willy Mutunga, who was chief justice of the Supreme Court from 2011 to 2016, believes Mr. Odinga was motivated by more than mere admiration. “I think he genuinely believed that the country was going to be better off with somebody who had become a legend,” he said.

And so, in 1964, when Kenya became a republic, Jomo Kenyatta became its president, and Jaramogi Odinga vice-president.

The piece is worth reading. I liked the bits about the Odinga/Kenyatta conflict over land redistribution.

It would be interesting to think of the counterfactual: What if Odinga/Kaggia had won over Kenyatta/Mboya and redistributed all the land? What kind of Kenya would have emerged? Would it have been more stable and prosperous than present day Kenya? Was this a feasible option given the preferences of Whitehall? What would have been the political and human costs?

My (positivist) take is that most people under-estimate the important role that the “willing buyer willing seller” mantra played in facilitating elite-level buy-in into the Kenya Project (state-building and elite-level stability). It’s not just Kenyatta and his co-ethnics that got land. Lots of elites from other communities in the districts got land, too, and a chance to earn rents. For example, as part of his coup-proofing strategy, Kenyatta bought off the officer class in the armed forces (mostly composed of non-co-ethnics) with land. Kenyatta’s cabinets reflected this political economy reality, too. All the major districts had a representative.

How to overthrow the Kenyan government in twelve steps

  1. Form a hopelessly fractious political coalition on the back of four years of doing nothing with county governments to demonstrate your chops at transformative governance.
  2. Successfully push for electoral reforms, and then sit on your hands trusting that the system will work.
  3. Engage in all manner of self-sabotage during the campaign period, including failing to push for grassroots voter registration, having a unity message, reaching out to wavering voters, and credibly committing to reform the public sector.
  4. Fail to agree on a common slate of candidates ahead of the election, thereby granting the incumbent party a significant sweep of legislative and county seats.
  5. Fail to prepare for the logistical nightmare of coordinating poll agents across the country, thereby making it possible for the incumbent party to pad results where needed.
  6. Get lucky at the Supreme Court, but without a plan on how to prepare for a fresh election 60 days after the ruling.
  7. Try to push for more electoral reforms and a postponement of the election. When that fails, boycott the re-run presidential election.
  8. Half-heartedly boycott Parliament and other state institutions.
  9. Promise to swear in your presidential candidate as a bargaining tactic, but without a way out of the plan in case the incumbent government calls your bluff.
  10. Meanwhile, stay hopelessly off-message at every turn, and play into the narrative of being a disruptive alliance of sore-loser crybabies that would be no different than the incumbent party at governing.
  11. Sow distrust among your core leadership by failing to share important legislative committee seats in good faith.
  12. Swear in your presidential candidate as “The People’s President” (an office not provided for in the Constitution) as an act of defiance, but with no real public agenda or explanation of the act’s real impact on Kenyans’ lives.

If you do these things, you will cause a COMPLETE FREAKOUT in the Kenyan government. They will shut TV stations. They will scream treason. They will withdraw the security detail of opposition politicians. They will declare you members of a criminal gang. They will risk unnecessarily plunging the country into a security crisis.

They will drop the focus on the president’s potentially transformative Big Four agenda. They will behave like they will be in office for life. They won’t care about the negative precedences they are setting. They will forget that in five years they will be out of office, and might face a less benevolent, but way more competent tyrant that will eat their lunch and dinner.

 

Some quick thoughts on President Uhuru Kenyatta’s new cabinet nominations

Two months after being sworn in for his second and final term, President Uhuru Kenyatta has nominated members of his new cabinet (see list below). Kenyatta also created a new position in government, the office of Chief Administrative Secretary (CAS), which is different than the Principal Secretary (PS) position. Essentially, CASs will be the new assistant ministers as was the case under the old constitution.

The cabinet appointments are underwhelming.

In his second inaugural address, Kenyatta promised to focus on four key areas (the “Big Four”) in his second term. I had therefore expected that appointments would mirror a shift in approach, at least in the key ministries that touch on the “Big Four” areas (manufacturing, agriculture, health, and infrastructure). But Adan Mohamed was retained at Industrialization (he hasn’t been particularly bad. But he hasn’t been bold either). The new CS of health is untested in the docket. Nominations for the agriculture, water, lands, and devolution portfolios are explicit political appointees that will likely be distracted by patronage politics.

James Macharia at transport is probably the only “Big Four” appointment/retention that makes sense considering the president’s stated policy goals.

It would appear that the only recipe for success in the next five years would be for Kenyatta to shield the actual operations of these ministries from most of the Cabinet Secretaries. In principle, it should be possible to create islands of success separate from the messy political economy considerations that informed the structure of the overall cabinet.

The creation of the position of CAS and appointment of politicians to this position will further complicate matters by injecting even more patronage politics into the functions of ministries.

From a purely administrative standpoint, this looks like a really bad idea.

If all Kenyatta is doing is rewarding politicians for their political support, there are other economically cheaper but more impactful ways of doing so. I wish State House took the science of the industrial organization of public administration more seriously.

Now that this is done, the onus is on the president and his team to make it work. That will not be an easy task. There is bound to be conflict over contracts, bribes, and jobs between CSs and CASs. In addition, by essentially creating multiple principals at the top, the president has saddled state agencies with principal-agent problems that will be hard to solve without a strict allocation of tasks. And this is before we even consider the potentially messy interaction between parliamentary committees and the CSs and CASs. Smart chairs of departmental committees in the National Assembly will play these two against each other and extract bribes like never before.

MPs are not fighting to head these committees out of a sense of public duty.

I wish Nzioka Waita and his team all the best of luck.

Finally, the cabinet has (broadly speaking) good regional balance. The two biggest surprises are the total exclusion of big name politicos from Lower Eastern and the Gideon Moi faction of the Rift Valley from the CS list. At first glance, it appears that Deputy President William Ruto got a good deal with these appointments (see here for background). There are only 6/22 (27%) women on the list, in violation of the constitutional requirement of at least 33%.

Kobia and Juma look well-matched to their portfolios. Mohammed’s move to education looks like a demotion, but her new docket has a bigger budget than Foreign Affairs. Education is a tough docket, but a part of me thinks that she is likely to emerge as the best-performing minister on account of her management skills and incredible work ethic (if, and only if, she can handle the politics of education well).

Here is the list:

1. Margaret Kobia – CS Youth and Public Service.
2. John Munyes – CS Petroleum and Mining.
3. Eugene Wamalwa – CS Devolution.
4. Racheal Omamo – CS Defense. 
5. Monica Juma -CS Foreign affairs.
6. Simon Chergui – CS Water.
7. Keriako Tobiko – CS environment
8. Adan Mohammed – CS Industrialization
9. James Macharia – CS transport
10. Joseph Mucheru – CS ICT
11. Henry Rotich – CS Treasury
12. Fred Matiangi – CS Interior
13. Mwangi Kiunjuri – CS Agriculture
14. Sicily Kariuki – CS Health
15. Rashid Achesa – CS Sports
16. Najib Balala – CS Tourism
17. Amina Mohammed – CS Education
18. Farida Karoney – CS Lands
19. Ukur Yattany – CS Labour
20. Peter Munya – CS EAC
21. Charles Keter – CS Energy
22. Raphel Tuju – CS (without portfolio)

Thoughts on the Supreme Court’s Annulment of Kenyatta’s Reelection

When Raila Odinga and NASA rejected the outcome of the August 8th presidential election, they were alleging what sounded like a perfect conspiracy.

At the time, all the evidence I saw appeared to go against their claims. All the polls except one had Kenyatta in the lead; Kenyatta’s party had won handily in down ballot races, especially in crucial swing areas; and even a PVT appeared to support the IEBC’s results. Belief in these disparate data points was not necessarily a sign of naïveté, or a desire to sanitize blatant fraud.

But in NASA’s view, all this was part of a grand conspiracy. The Independent Boundaries and Election Commission (IEBC) and President Uhuru Kenyatta’s campaign had conspired to steal the election by hacking the results transmission system. In support of their claim they presented evidence of the near-consistency in the gap between Odinga and Kenyatta from the time polls closed to the time Kenyatta was announced the winner. This despite the fact that results were supposed to stream in randomly from polling stations to the national tallying centre. They alleged that Chris Msando, an IT specialist at the IEBC, was tortured and murdered ten days to the polls precisely to make this possible. They also claimed that IEBC’s results were not backed by Forms 34A, a statutory requirement under Kenya’s election laws; and that the IEBC violated the law by not following the procedures of announcing results set in law.

Kenyan election laws require presidential results to be announced at the constituency level. The IEBC is required by law to announce 290 separate results at constituency tallying centres based on Forms 34B, then tally the same to come up with the overall winner. The transmitted results in Forms 34A are supposed to match constituency results in Forms 34B. To rig the election, one has to make sure that the numbers matched on both forms — not an impossible task, but a difficult one to pull off.

Tampering with 40,000 Forms 34A and then making them match with 290 Forms 34B is not an easy task, or so one would think.

In a ruling that stunned the world, this morning the Supreme Court, in a 4-2 ruling, found enough evidence to support the claims by Raila Odinga and NASA, annulled the reelection of Uhuru Kenyatta on August 8th, and ordered a fresh presidential election within 60 days.

Two justices, Jackton Ojwang’ and Njoki Ndungu, voted against the finding. Justice Mohammed Ibrahim was unwell and missed the vote. Justices in the majority were David Maraga (Chief Justice), Philomena Mwilu (Deputy Chief Justice), Smokin Wanjala, and Isaac Lenaola.

I am yet to see the text of the ruling, but the Court decided to focus on procedural matters and not the actual tampering with results. In the justices’ view, the IEBC failed to adhere to the Constitution and Kenya’s election laws in the conduct of the presidential election. The ruling is an affirmation of procedural conformity as the ultimate test of the credibility of presidential elections in Kenya.

But courts are not entirely apolitical. From a political perspective, it is obvious that a procedural deviation was not the only factor that compelled 4/6 justices to annul the election. On explicitly political matters, courts tend to defer to politicians in Kenya. In 2013 the Supreme Court upheld the election of Kenyatta. But this time round the justices looked into the IEBC’s backroom and did not like what they saw.

The effects of this ruling will reverberate for years to come. Here are some initial thoughts.

  1. This is a powerful political vindication of Raila Odinga: His claims of having been robbed in 2007, 2013, and 2017 had cast him as a perennial sore loser (I believe he was most certainly robbed in 2007). This ruling adds credence to his claims. After today Odinga’s legacy as the father of Kenyan democracy is secured.
  2. Kenyatta is probably still a favorite in the re-run: Odinga’s turnout issues will not simply vanish with this court ruling. Furthermore, Jubilee will most certainly use its team of elected officials to drum up support for the president. The power of incumbency will be in full force (notice that the Supreme Court found no wrongdoing on the part of Kenyatta, despite clear involvement in public officials and use of public resources in his campaign). Kenyans are about to be treated to a most grueling political fight over the next 60 days. I cannot wait for the next opinion poll.
  3. This is a big win for Kenyan institutions and political development: It is fair to say that not many people predicted this outcome. While the Supreme Court was under pressure from both NASA and Jubilee, it was also faced with the fact that its decision would have long-lasting ramifications for Kenyan jurisprudence. The fact that they were able to issue a brave ruling confirms the independence of the Kenyan judiciary and the continued institutionalization of rule of law in the Jamuhuri.
  4. It is up in the air whether Kenya will indeed have elections in 60 days: Odinga will certainly demand for changes at the IEBC before he can take part in any poll. Kenyatta will want to get this over with within the time stipulated by the constitution. Kenyatta has the institutional and constitutional upper hand — he has majorities in the National Assembly and the Senate. But Odinga has the moral upper hand. He will likely summon his supporters to the streets, if need be, to force changes at IEBC — just like he did in 2016. The current IEBC leadership has already indicated that they are not going to resign, despite the stinging indictment from the Supreme Court.
  5. I am curious to see if there will be any shifts in alliances at the elite level: On the one hand, Kenyatta is the incumbent, and has the upper hand in securing support from key elites. At the same time, however, if the outcome of the re-run is sufficiently unclear, elites may have reason to believe that Kenyatta cannot win a credible election. In this case the rational thing to do would be to bandwagon with Odinga. Odinga’s elite base outside of his core support is composed of diehards. Kenyatta’s base outside of Central Kenya is more transactional. Expect to see a lot of public elite endorsements of either Kenyatta or Odinga over the next 60 days. As Kenyans say, money will be poured.
  6. This is egg in the face of election observers: Peaceful voting and counting of votes should not be the only tests of an election’s credibility. Observers must signal their willingness to call out any and all deviations from established statutory processes. This is the only way to tie the hands of relevant political actors and to enhance the signal to noise ratio of information coming from observer reports.
  7. All Kenyans of good will and friends of Kenya should work to consolidate the gains made today: Kenyan electoral laws are pretty elaborate. If enforced, and backed by technology, they can deliver a credible poll. The goal should be to tie the hands of the IEBC to ensure that the voting, the counting, and the transmission of results stick to statutory procedures. Kenyans will respect the outcome if the process is (and appears to be) transparent.

 

 

 

Initial Thoughts on the Reelection of President Uhuru Kenyatta

Congratulations to President Uhuru Kenyatta on reelection. In the end, he outperformed the polls by having a well-oiled national campaign that paid close attention to down ballot races. Jubilee MPs, Governors, Senators, and MCAs were elected in Bungoma, Kakamega, and other key swing areas. Where the party won it won big; and in the places it lost, it stayed competitive. The same cannot be said for NASA-affiliates.kenyatta

The polls were not that off. Kenyatta led in all but one poll conducted by Infotrak. In the end it appears that the undecideds stayed home. Turnout was relatively lower in Western and Coast regions (to regions with the biggest share of undecideds) relative to the national average. Odinga needed to at least match Kenyatta’s stronghold turnout in these regions to stay competitive.

Of the two models that I ran, the one incorporation registration rate as a measure of voter enthusiasm did better that the one that only considered historical turnout rates by region. Kenyatta supporters registered at high rates and followed through on Tuesday. Undecided Odinga supporters stayed home on Tuesday.

In a model that gives less weight to registration rates (as proxies for voter enthusiasm and likely turnout), the estimated vote share is Kenyatta 52.8% vs Odinga 47.2%. 

A more involved model that tries to estimate differential voter enthusiasm yields an even bigger advantage for Kenyatta (54% vs 46%). 

Turnout in 2013 was most certainly inflated by both CORD and the Jubilee Alliance.

Whatever one thinks of him, William Ruto is a political genius. After Tuesday has emerged as arguably the most powerful politician in Kenya. Initially I had thought that Jubilee Party was a bad idea that would end up depressing turnout by forcing everyone to vote for the same candidates. In the end it did not matter. Instead, Jubilee won big in the presidential election and, perhaps more importantly, swept key down ballot races. The party will command at least 49% of the seats in the 12 Parliament and will most certainly hit more than 50% with the support of friendly independents. Ruto has successfully vanquished the Moi family in Rift Valley politics. And more importantly, he is slowly emerging to be a national politician with a strong direct following outside of his core base. Only Odinga has managed to achieve this feat in the recent past.

Chances are very high that William Ruto will be the 5th President of Kenya. I must admit to have been wrong in assuming that his political stock would plummet as soon as Kenyatta won reelection. Instead, I think because of his hold on Jubilee his stock will only rise with time. Kenyatta’s elite base cannot push him aside. He has the numbers in Parliament and the very credible threat of inflicting maximum pain by raising political temperatures in the Rift Valley.

This will be a tough loss for Odinga supporters. At 72, this was surely his last stab at the presidency. There will be a lot to be said about the organization and strategy of his campaign — including the apparent lack of polling agents, failure to try and raid Jubilee strongholds, and own goal regarding the prospects of violence following a rigged election (the latter may have cost Evans Kidero the Nairobi governorship). There is also the issue of IEBC’s inability to relay results with the confidence of all parties concerned. However, despite the possibility of hacking of the results transmission system, the down ballot results point to a credible Kenyatta win. Unless more evidence becomes public, I am inclined to believe that this election was credible. The KIEMS system worked. IEBC should build on this success to strengthen the transmission system. It was messy, yes. But it was also most certainly better than last time.

This is a step forward in Kenya’s political development. The opposition is in disarray, but the real institutional fights are about to start within the Jubilee coalition. Ruto’s 2022 ambitions will likely force him to expand the size of the Jubilee coalition. He will likely reach out to Odinga’s base — including in Coast, Nyanza, Eastern, and Western regions. Kenyatta will also want to give himself some credible check on Ruto’s power and influence, which will force him to reach outside of Jubilee’s core constituency for institutional support. Recall that Jubilee is now pretty much Ruto’s party. It will be interesting to see how Joho, Nyong’o, Ngilu, and Oparanya react to all this.

I expect Kenyatta to be constrained by intra-Jubilee politics in his second term. I will say more on the likely political and policy direction of the second term after Kenyatta announces his new cabinet.

In the next fortnight I’ll probably put together a piece on the historical and political significance of Odinga’s likely exit from the political stage.

Hon. Raila Amolo Odinga is perhaps the one individual who has contributed  the most to democratic consolidation in Kenya since the early 1990s. He is also a tragic figure who has had to deal with personal shortcomings, family tragedy, and systemic rejection by Kenya’s powers that be — all played out in full view of the Kenyan public. In addition, it is impossible to talk about Odinga without mentioning the ethnic factor. I think that the biggest impact of this loss will be the Kenyanization of the Luo elite. Since Odinga Senior, the Luo elite have invested a lot in trying to change Kenya (at great expense for the Luo masses) — a fact that made Luo Nyanza the perennial epicenter of oppositionist politics. But with Odinga’s exit, this collective commitment to oppositionist politics will likely diminish. I expect Luo Nyanza politics to become more fragmented and transactional (i.e. less purist). All else considered, the Kenyanization of the Luo elite will probably be a good thing for the masses in Luo Nyanza.

 

Three Known Unknowns Ahead of Kenya’s Presidential Election Tomorrow

Here are three factors that could potential lead to a surprise outcome in Kenya’s presidential election tomorrow.

1. Turnout: To be honest, we don’t really know what to expect with regard to turnout figures tomorrow. As Charles Hornsby notes here:

For some time I have been wrestling with an ethical problem. Reviewing the 2013 turnouts, in comparison with that from previous national elections since 2002, it became clear with the benefit of hindsight that turnouts were implausibly high not just in Luo Nyanza and Central Province, but in many other places…….. The size and scale gap between 2013 and every other election for the past 15 years is hard to explain.

In other words, there is good reason to believe that the 2013 turnout figures were artificially high.

The use of technology and a raft of reforms, including the planned announcement of results at the constituency-level, are supposed to minimize opportunities for political parties to gin up turnout in friendly areas this time round. If these safeguards work, we will all be flying blind with regard to our turnout-based predictions of the final outcome in the presidential election. All I can say for now is that Kenyatta has a structural advantage over Odinga on likely turnout, but that if Odinga matches Kenyatta on turnout (especially in Coast and Western regions) he will most likely become Kenya’s fifth president.

2. Technology: The Kenyan public’s perception of the integrity of the polls will crucially hinge on how well the IEBC’s Kenya Integrated Electoral Management System (KIEMS) is judged to work. Kenya is holding one of the most expensive elections in the world (judged by cost per vote). And the use of expensive technology has been touted as a way of minimizing human discretion and, therefore, opportunities for vote rigging. But technology only works as well as humans allow it to. And sometimes stuff hits the fan. In addition, the IEBC only partially tested its results transmission system. Which means that there will most likely be hiccups in the data transmission process from the country’s 40,883 polling stations. Widespread technological failures will tarnish the integrity of the outcome, and could be a catalyst for political instability. 

3. The accuracy of opinion polls: Throughout this cycle, all polls except one have shown Kenyatta to be ahead of Odinga. In the recent past the polls have certainly tightened, with Kenyatta leading Odinga by 3 percentage points or less. But what if the polls are wrong? In 2013 they underestimated Kenyatta’s support by about 2 percentage points, on average. The same inherent bias may be at play this year, or it could be reversed. One important factor to look out for will be the effect of local gubernatorial races on the presidential race. For instance, the outcomes of local contests in counties like Machakos, Bomet, Narok, Meru, and Bungoma will likely have non-trivial effects on the presidential race in the same counties. Yet throughout this cycle there has been very little effort to calibrate the national polls using information from the state of county contests. And so while I believe that existing opinion polls give a fairly accurate depiction of the state of the race, only the final vote counts will tell.

 

 

 

 

What the poll numbers tell us about Kenya’s presidential election next Tuesday

Below is a table from a previous post comparing the poll numbers and actual votes ahead of the 2013 presidential election, as well as May 2017 poll numbers for the two leading candidates (Messrs. Uhuru Kenyatta and Raila Odinga). You can read the background post here. See also here.Screen Shot 2017-05-31 at 9.30.40 PMAlso below is the July 23rd poll released by Ipsos Synovate that reveals some interesting changes over the last two months. As of now the race stands at 47% vs 43%, advantage Kenyatta. But with a margin of error of 2.09%, this is a statistical dead heat.

On President Kenyatta: 

Kenyatta has seen his support decline in Nairobi (by 11 percentage points), Coast, Eastern, and Western regions. His support has increased in North Eastern (by 5 percentage points), Nyanza and Rift Valley regions. In addition, his support is stable in Central region at 88%.

On Prime Minister Odinga:

Odinga’s support has declined in Rift Valley (by 6 percentage points) and Western. His support has increased in Nairobi (by 13 percentage points), Eastern, Central, Coast, and North Eastern regions. In addition, his support is stable in Nyanza region at 76%.

Screen Shot 2017-08-02 at 8.08.46 AM.png

Looking at Trends:

A bigger share of undecideds will likely break for Odinga: The above trends confirm my previous observation that undecideds in Coast, Eastern, and Western regions are likely to be reluctant Odinga supporters. Odinga has seen his poll numbers go up in Coast and Eastern as the number of undecideds has shrunk in both regions. At 14% in the latest poll, the number of undecideds in Western region remain virtually the same from the May figure (16% of respondents). Both Kenyatta and Odinga saw declines in their support in Western region between May and July, but most of the undecideds in the region will likely break for Odinga. Virtually all the leading political elites in the region support Odinga’s bid for the presidency.

The race has tightened over the last two months: It is also clear that the race has tightened over the last two months as more voters have internalized the fact that this is a two-horse race between Kenyatta and Odinga. In particular, much of the tightening appears to have come from shifts in Western and lower Eastern, the two regions comprising the “Big Five” voting blocs where a clear majority of elites are behind the Odinga ticket.

Screen Shot 2017-08-02 at 8.03.45 AMScreen Shot 2017-08-02 at 7.59.37 AM

What do the numbers say?

First a couple of caveats.

In the last cycle the polling by Ipsos was off by a few percentage points in either direction. The final polls before the election underestimated Kenyatta’s support in all regions except Western. The final poll also underestimated Odinga’s support in Coast, Nyanza, and Western regions, was spot on in the Rift Valley, and overestimated his support in the remaining four regions. This is largely because polling in Kenya is often structured by region, on account of the fact that vote choice often maps neatly on regional/ethnic cleavages. No polling firm has figured out a likely voter model (I honestly don’t know why). Much of the underestimation of Kenyatta’s support came from the erroneous assumption of evenly spread turnout across the country.

And speaking of turnout, it is important to note that the Uhuru/Ruto ticket has a structural advantage. On average, Kenyatta’s core support comes from wealthier regions of the country that are relatively easier to reach and mobilize. In addition, with nearly 40% of the electorate coming from just two of the “Big Five” voting blocs, the combined ticket also offers a classic minimum winning coalition which adds to efficiency of messaging and turnout mobilization. This is in contrast to the Odinga/Kalonzo ticket’s turnout challenge. Its core is three of the “Big Five” that combined add up to just over 30% of the electorate. Therefore, Odinga has to make the difference by appealing to smaller voting blocs, particularly in the Coast, North Eastern, and Rift Valley regions (especially among pastoralist subregions of the Rift). The pro-Odinga non-Big Five regions have historically had relatively lower turnout rates, in no small part because of lower rates of access to education and economic opportunities. Dispersed support also means dispersed messaging. It is not clear that Odinga has successfully been able to overcome his turnout challenge ahead of Tuesday’s election.

The numbers, taking into account likely turnout: 

Based on 2013 turnout, I have created a model that takes into account county-level turnout (averaged at the constituency level to generate more data points). I have then clustered individual counties into regions. A more granular model that looks at individual voting blocs (e.g. that separates Nyamira and Kisii from the rest of Nyanza, Kitui, Makueni, and Machakos from the rest of Eastern, or Narok from the rest of the Rift Valley yields more or less similar results). Lastly, I weighted the estimated turnout in each county by the registration rates ahead of the 2017 elections. Turnout in 2013 varied from a low of 58% in Kilifi to a high of 95% in Makueni. Similarly, registration rates (as a share of eligible adults) ahead of 2017 varied from a low of 50.6% in Vihiga to a high of 86% in Kajiado. Presumably, these differences in registration rates reveal information on voter enthusiasm, and therefore likelihood of turning out next Tuesday.

All this is like attempting to perform open heart surgery with a blunt panga. So bear with me.

After the weighting, I then estimated turnout rates at the county level after which I used the raw vote numbers to estimate turnout rates at regional levels (polling is sparse at the county level). With the regional turnout figures, I then estimated the likely vote totals for Kenyatta and Odinga by region. Throughout this process I ignored the proportion of voters that are undecided.

In a model that gives less weight to registration rates (as proxies for voter enthusiasm and likely turnout), the estimated vote share is Kenyatta 52.8% vs Odinga 47.2%. 

A more involved model that tries to estimate differential voter enthusiasm yields an even bigger advantage for Kenyatta (54% vs 46%). 

In short, going by historical turnout rates, Kenyatta is still a strong favorite to win reelection next Tuesday.

Now, there are several ways in which I could be totally off the mark.

First, there is the issue of undecideds. The bulk of these voters are in Coast and Western regions, both Odinga strongholds. So far the trends indicate that undecideds appear to be breaking for Odinga in larger proportions. Should this trend continue, Odinga may eat enough into Kenyatta’s leads to force a runoff, or even an outright squeaker of a first round win.

Second, there is the issue of turnout. If Odinga were to average a turnout rate of 85 in Nairobi, Coast, and Western regions, my model estimates a vote distribution of 50.9% vs 49.1% in favor of Odinga. If Western and Coast regions alone got to 87% turnout, Odinga’s lead would increase to 51.1% vs Kenyatta’s 48.9%. Structurally, Kenyatta pretty much maxed out on turnout in 2013, while Odinga has a lot of head room.

As I keep saying, this is going to be very much a turnout election in which historical voting patterns strongly favor Kenyatta. For Odinga to have a fighting chance he has to convince undecideds to turn up and vote for him next Tuesday.

Other Interesting Polls to Consider:

There are two other polls that came out yesterday, one commissioned by Radio Africa and another done by Infotrak.

The Radio Africa poll puts the race at 47% for Kenyatta vs 46% for Odinga, a virtual tie. With this poll, too, the trends show a tightening race. Earlier in the month Kenyatta led Odinga by 49% vs 44%. The Infotrak poll puts the race at 49% for Odinga vs 48% for Kenyatta. Infotrak is the only polling company that has shown Odinga leading Kenyatta throughout this cycle.

Finally, Ipsos also released a poll yesterday that puts the race at 47% (Kenyatta) vs 44% (Odinga), but the details of which are not yet available. More on this soon.

Making Sense of Competing Visions of Kenya in the Jubilee & NASA Manifestos

This is a longer version of my column in the Standard this week.

This week the leading political blocs in the upcoming General Election released their respective manifestos. Jubilee sought to convince Kenyans that it needs another term in office to finish the job it began in 2013. The National Super Alliance Coalition (NASA) presented an agenda for the full implementation of the 2010 Constitution, focusing on equity and inclusivity. Both documents present competing visions of where we are as a country, and where we ought to go.

On one hand, Jubilee which sees the country’s problems as rooted in poor infrastructure and a lousy business environment. Its vision of government intervention in the economy is thus driven by the need to facilitate private investment (mostly through crony capitalism, but also through streamlining of the regulatory environment).

jubilee

But on the other hand is NASA, whose manifesto suggests a firm belief that the ambitious 2010 constitution has yet to be fully implemented; and that the country still requires structural transformation in order to guarantee equitable sharing of national resources, social inclusivity, and equality before the law and the government.

On a spatial left-right scaling, NASA’s manifesto is decidedly to the left of Jubilee. This is reflected in both the specifics in both manifestos and the choice of words in the documents. NASA (see image below) envisions a much bigger role for the government in the effort to transform Kenyan lives than does Jubilee (see above).

Both manifestos and visions for Kenya’s future have merits and demerits. Jubilee has a case to make for working with the country we have without re-litigating the political settlement of 2010 and its (partial) implementation since 2013. Restructuring society doesnasa not always yield the desired results, and often comes with instability. Their vision of doing their best to build infrastructure and letting hardworking Kenyans do the rest makes sense if one believes that you go to battle with the army you have. Their proposed vision of Kenya is grounded in the idea that a rising tide, even if marked by high levels of inequality, lifts all boats. Simply stated, it is a vision that prizes ends rather than means.

NASA’s vision of structural transformation is also valid in its own right. It prizes means and ends. Their plan for Kenya is informed by the idea that no society can continue to cohere if a section of citizens have deep feelings of structural inequality and discrimination. That we can have all the roads, water and sanitation, and bridges we need, but still flounder if a sizable proportion of Kenyans still feel like second class citizens in their own land. They also contend that inequalities today will breed inequalities tomorrow, and that a future in which only a small segment of the nation has access to the most lucrative economic opportunities and the best government services – simply on account of the language they happen to speak – is one destined to bring conflict. In a nutshell, NASA’s is a nation and state building manifesto that promises to not only increase the number of sufurias in Kenyan kitchens, but also create a new kind of nation-state devoid of the “culture of madharau.”

A priori, it is hard to say which vision fits the country best at this point in our history. Kenyans who have seen their lives improve over the last four years will most certainly want to eschew any radical changes — this is true, despite recent worrying headline economic numbers. Those who have seen their economic situation stagnate or worsen want change now. Looking at the numbers, there is ample evidence in support of either argument.

This is why, unlike some partisan observers, I see no reason to worry that the world would end if either Jubilee or NASA wins. The truth of the matter is that life will go on as before — with messy and contested politics at every turn, and high levels of economic inequality.

It is extremely hard to change or ignore social forces.

If Jubilee wins, it will be hard to continue ignoring issues of equity in perpetuity. Eventually, even diehard Jubilee supporters will realize that the crumbs that fall off the table are a raw deal. In the same vein, a NASA win will not necessarily produce a radical transformation of the Kenyan state. Once in power, the coalition’s leadership will most certainly be disciplined by our unwieldy political economy dominated by so-called cartels and our general structural conservatism.

As a student of political development, all I can say is that either path will lead to further consolidation of our political economy — either through further entrenchment of a hierarchical order (under Jubilee); or the widening of the economic upper class (under NASA).

Below is a list of what I consider to be the highlights of both manifestos. Consistent with the claims above, the Jubilee manifesto has specifics on many of its promises, while NASA’s largely sets out frameworks within which it will seek to transform Kenyan lives and the nation-state.

Jubilee:

  1. Investments in universal secondary education and 100% transition from primary to secondary school
  2. Completion of 57 large-scale dam projects to improve water access and irrigation
  3. Setting aside 1% of R&D funds to document and disseminate lessons and best practices in policymaking from the 47 counties
  4. Increase of electricity access to up to 100% of Kenyan households (from current ~53%)
  5. Complete several ongoing and planned transport and energy infrastructure projects (six-lane highway from Nairobi to Mombasa, Isiolo-Lamu road, SGR to Malaba etc) 

NASA:

  1. An ambitious nation and state building framework to guarantee equity and inclusivity
  2. Strengthening of the devolved system of government (including in areas of education, health, and agriculture)
  3. Investments in improving agricultural productivity (including for smallholder farmers)
  4. Expansion of social protection for households with orphans and vulnerable children
  5. Implementation of regionalized (cross-country) development plans

 

Three Important Narratives Driving Kenya’s 2017 Presidential Election

I think it is safe to say that Kenya’s 2017 election is a lot more about 2022 than it is about deciding who will be Kenya’s president over the next five years. And for that we have to thank Deputy President William Ruto. In 2013 Ruto defied all odds and served as kingmaker for Uhuru Kenyatta. In exchange, Kenyatta promised to support his stab at the presidency in 2022, assuming Kenyatta wins reelection this August.

At the moment the odds are in favor of Kenyatta winning reelection, either fairly or unfairly.

rutoWhich makes a lot of the campaigning in this cycle about building alliances and potential national coalitions for Ruto’s 2022 stab at the presidency. To this end three important narratives are emerging that specifically relate to Ruto’s quest to be Kenya’s 5th president.

  1. Stop Raila Odinga at all costs: The only man standing between William Ruto and the presidency is Odinga. A surprise Odinga win this August would deal a serious blow to Ruto’s presidential ambitions. As I have noted before, Ruto’s political following has remained largely transactional, and dependent on the constant flow of resources. If out of power these resources would certainly dry. In addition, Ruto has only recently acquired enormous wealth, which means that he still lacks the deep rootedness among Kenya’s economic elite that would afford him protection like it has for the Moi, Kibaki, Odinga, and Kenyatta families. A double loss of political and economic power would be too steep a fall to recover from. If Odinga loses, that will certainly be the end of his political career and will provide a wide opening for Ruto to raid his vote-rich strongholds in preparation for future elections.
  2. Have a negotiation-proof Kenyatta succession plan: It is common knowledge that Kenyatta’s promise to back Ruto in 2022 is not credible. Whatever his personal commitments to Ruto, Kenyatta’s political base will be independent enough to back candidates of their own choice in 2022. And as a former president, Kenyatta will have no power to compel political and economic elites to back the candidate of his choice. Which is why Ruto has sought to cement the credibility of Kenyatta’s promise by building a strong political party in Jubilee Party. JP is supposed to tie Kenyatta’s hands by coupling the political destinies of the Ruto and Kenyatta wings of the ruling coalition in both 2017 and 2022. If this scheme succeeds, the de facto party leader (i.e. Ruto) will have an enormous upper hand in influencing the public political behavior of elites allied to Kenyatta in 2022, perhaps enough to keep them faithful to Kenyatta’s public commitments. If this sounds familiar it is because a variant of this has been done before, by Moi through KANU following the death of Jomo Kenyatta in 1978.
  3.  Consolidate the Rift Valley vote: Ruto is no Moi, yet. Which means that he will continue to struggle to cement the Rift Valley vote, especially this year. Isaac Ruto might surprise him in Bomet (and parts of Kericho). And in the future Gideon Moi will certainly make a run for Elgeyo Marakwet, in addition to Baringo and Nakuru (and the wider Rift vote). All to say that, as a politician, Ruto is at once extremely powerful and vulnerable. He is powerful on account of being Deputy President with seemingly unlimited access to state resources. But he is also incredibly vulnerable, especially because his own backyard is littered with people who would soon see him tossed into the dustbin of history. In this sense he is no Kenyatta or Odinga, both of whom enjoy near-fanatical support in their respective bases and do not have any serious elite challengers.

All this to say that Deputy President William Ruto probably has the most to lose in this August’s presidential election. Which probably means that he will also work the hardest of any of the leading national politicians this cycle. And work hard he will, being one of the most electrifying national politicians on the stump (perhaps second only to Mombasa Governor Hassan Joho). This, of course, is good news for the incumbent Jubilee Party and President Kenyatta’s reelection prospects.

Looking Back at Kenya’s 2007 Election

What’s past is prologue. Which is why it is great that the folks over at The Elephant are reminding Kenyans of events that marked the disastrous 2007 General Election

Here are some excerpts:

On the poll numbers ahead of the December 2007 vote:

Odinga was consistently polling well shy of a majority but ahead of Moi’s 1992 and 1997 numbers, with Kibaki trailing by a few points. As the election date closed in, the race tightened a bit, but the scenario did not reverse, and then ODM opened up a bit more of a lead. Although at the last minute the Gallup organisation of the US came in and did a late poll showing Kibaki trailing by only two points in the national vote – this was trumpeted by Ranneberger as showing the race as “too close to call” – the firms regularly polling the race continued to show Kibaki trailing beyond the margin of error. This included both the reputable Steadman and Strategic pollsters that had had a long relationship with the USAid IRI programme dating back to its inception in the 1990s, including the exit polls from 2002, 2005 and again for 2007.

On the colossal cluelessness of the then U.S. ambassador to Kenya, Michael Ranneberger:

The ambassador told me that Saturday that “people are saying” that Raila Odinga, ahead in the polls for president as the vote was nearing, could lose his own Langata parliamentary constituency (which under the existing system would disqualify him from becoming president even if he got the most votes nationally). This was “out of the blue” for me because I certainly was not aware of anyone who thought that. Odinga’s PNU opponent Stanley Livando had made a big splash and spent substantial money when he first announced his candidacy, but he had not seemed to get obvious traction in the race. Naturally, I wondered who the “people” Ranneberger was referring to were. Ranneberger said that a Raila loss in Langata would be “explosive” …..

The whole piece is here. Highly recommended.

 

 

 

Was the IEBC’s distribution of BVR kits for mass voter registration fair?

In 2013 a number of pundits declared that the Kenyan election was effectively decided on the day the IEBC ended its mass voter registration exercise (It was not, turnout won the election for Kenyatta). As a result, Kenyatta’s campaign team came up with the narrative that victory was inevitable on account of the “tyranny of numbers”. This year Odinga’s campaign has adopted a similar tactic with its claim of heading of movement of “ten million” voters. The total number of registered voters in Kenya is just over 19m.

The idea that the elections can be won at the close of registration brings to mind the neutrality of the IEBC when deciding how to allocate finite resources for mass voter registration. To assess this I looked at the distribution of biometric voter registration (BVR) kits relative to a number of factors, including Kenyatta’s vote share in 2013, county area, county population, population per electoral units (wards and constituencies), and the number of electoral units.

Here are the summaries:

1.  Being an incumbent, it is conceivable that Kenyatta would have wanted to influence the allocation of BVR kits. But there is no obvious relationship between Kenyatta’s county-level vote share in 2013 and the distribution of BVR kits ahead of the 2017 election. The pro-Kenyatta counties of Nakuru, Kiambu and Meru that received a lot of kits also have large populations. If anything, it appears that pro-Odinga counties got more kits, perhaps a reflection of the fact they had relatively more unregistered potential voters after 2013.countykits2. The number electoral units (wards or constituencies) had no influence on the rate of voter registration in the 47 counties. In other words, it is not the case that counties which had a lot more electoral units (and therefore potential candidates) experienced greater rates of voter mobilization for registration.

elecunits3. However, the population per electoral unit (wards and constituencies) was negatively correlated with the registration rate. In other words, more populous wards and constituencies experienced lower registration rates relative to their less populous counterparts. This makes sense, to the extent that the IEBC was targeting a specific number of BVR kits per electoral unit per county.populations4. Bigger counties with relatively smaller populations benefited from the fact that land area was a consideration in IEBC’s allocation of BVR kits.
kits

Kajiado and Vihiga counties beg explanation.

Kajiado registered more than 100% of its projected adult population (based on the 2009 census). This may be a case of massive in-migration after the 2009 census or the deliberate importation of voters for the specific purpose of influencing the outcome of intra-county elections.

Vihiga, on the other hand, stands out for its poor registration rate. It is noteworthy that Vihiga is home to Musalia Mudavadi who came third in 2013 and is now part of the NASA coalition led by Raila Odinga. Given that the mass registration exercise ended well before it was clear that Mudavadi was not running for president, the low registration rates in Vihiga raise questions about his ability to turnout the vote come August 8th.

Finally, while it is hard to discern what happened within counties — the effort of IEBC agents is unobservable — it is fair to say that political considerations do not appear to have influenced the number of BVR kits deployed to the counties for the mass voter registration exercise.