Kenya Elections 2017

Earlier this month, three counties in eastern Kenya were placed under a 90-day curfew following a series of violent attacks allegedly carried out by the armed Islamist group Al Shabab. The July 8 order means that residents of Garissa, Tana River and Lamu counties are required to observe a dusk to dawn curfew (12 hours) until October 9 – which includes election day, August 8.

Questions are already being raised about the legality of the curfew. Kenya’s Public Order Act only permits a curfew that restricts movement to less than 10 hours of daylight for a maximum of 10 days, but for now, the extended curfew remains in place.

Although Al Shabab has allegedly been active in the Boni Forest area of Lamu county for several years, the severity and frequency of attacks has increased in recent weeks. In June, four pupils and four policemen died in an IED attack. On July 5, hundreds of Al Shabab fighters seized a police post in Pandanguo, killing two police officers and damaging a communications tower and other property. On July 7, attackers slit the throats of nine men in Jima Village, also in Lamu. On July 13, Permanent Secretary for Public Works Mariam El-Maawy was one of 6 people kidnapped by Al Shabab. At least three police officers were killed in the same attack, although a final death toll has not been made public. Kenya Defence Forces eventually freed Maawy, who was flown to Nairobi for treatment for a shoulder gunshot wound and other injuries.

Civil society leaders in the Coast region are concerned the curfew will have serious implications for participation in the election. Yusuf Mwatsefu, Executive Director at Human Rights Agenda (HURIA) said in an interview that the government is already in the process of relocating people from the Boni Forest area. These people risk not being able to vote, without a specific government effort to accommodate them. Such a plan would require allowing the displaced people to vote in specially – and newly – gazetted polling stations or establishing mobile polling stations. So far, the Independent Electoral and Boundaries Commission remains adamant it will not provide mobile polling stations as the specific polling locations are determined by law.

After Maawy’s kidnapping, Coast Regional Police Coordinator Nelson Marwa alleged in the media that Lamu politicians were funding al-Shabaab and subsequent attacks in the county in order to disrupt voting. He argued that only areas where voters supported the ruling Jubilee Coalition in 2013 were attacked, suggesting that the attacks were part of a ploy to decrease voter turnout in those regions. Media reports indicate that in the same statement, Marwa allegedly issued an unlawful “shoot-to-kill” order for “any terrorists found in the county.”

In 2014, residents of Lamu endured a similar curfew for more than a year in response to Al Shabab’s deadly Mpeketoni attacks in which more than 60 people died. The curfew was initially supposed to last one month, but was extended by five months. During the curfew period, human rights groups including Human Rights Watch documented abuses against civilians by members of the armed forces and the police.

The Law Society of Kenya challenged the extension and the high court eventually ruled the extension unlawful.

While civil society groups active along the coast are generally in favor of enhanced security measures to protect people from Al-Shabab, they urge the government to avoid repeating human rights abuses by security forces perpetrated in 2014 and ensure that all voters have access to polling stations on August 8.

In a country where women are routinely denied the ability to own and control their own finances, running for political office in Kenya is tough. And money isn’t a guarantee a woman candidate will be able to win over a patriarchal society. At the start of a painful drought in Kenya last year, Rosemary (name changed to protect her privacy), a young community organizer, decided to run for Member of the County Assembly (MCA). Human Rights Watch spoke to her in Mombasa about the challenges she faced as a young, unmarried woman, and about the threats and resource constraints that forced her to end her campaign. Rosemary’s account is edited for clarity:

I am a leader. I was the head girl in primary school and I was the music captain. In secondary school, I was games captain. I was the chairlady in Christian union group. I am also bright – I was number one in class. Now, I help school dropouts, when girls get pregnant I help them keep their partners accountable. I also work with 90 young mothers and do advocacy to help girls protect themselves from underage pregnancy.

Our area is inland. We only have small trees and it’s very dry and dusty. People are living in poverty, farming and cutting trees for charcoal which makes it hotter.

Last year, we had a bad drought. People had no water. I have my own tap on my compound so I would fill jerry cans and give water to others. I would wait for a car heading to areas without water and then I would send it along with some water. It was a lot of work.

Eventually, I called the county government, asking them to provide water for the people. The County Commissioner wouldn’t speak to me. He asked: “Who are you?” and I said, “I am Rosemary, a community activist.” He wouldn’t talk to me. He said that the local MCA needed to call him and that I had no right to call him directly, then he hung up.

But I wouldn’t give up. I kept calling – borrowing other people’s phones – until eventually he gave up and sent us a tanker of water.

That was when I decided to run for office. I launched my manifesto in April 2016. The priorities in my manifesto were water, education, health and participation for all. People really liked the idea of participation. I promised that I would invite everyone to community meetings so that everyone would have a say. Over 1,500 people came to my first rally even though I had only planned on 200. We ran out of food. I paid for the rally myself.

You can’t campaign without money. Even a grassroots campaign is expensive.

At the end of meetings, I would say goodbye, and the people would ask, “How are you leaving us? “They mean that I should give them a “sitting allowance” – money for coming to the meeting. Without that, they say: “just go, your words are empty.”

Transport by boda boda (motorcycle taxi) is 1,000 KES (USD 10) for the day. Then for each meeting you have to leave 4,000 or 5,000 KES (USD 40 to 50) minimum. Even if I use 10,000 KES (USD 100) a week would use up my money fast. I began to wonder how I would manage my life after the election, especially if I didn’t win.

Money is especially a big problem for women candidates. We have no networks, no big business. There were three women in the race when we started – only one is still running – she is not campaigning because she has no money. She is just registered and hoping for miracle. One woman candidate was running against the incumbent in the primaries, but she could not get money to transport her supporters. She lost in the primaries because she couldn’t get enough of her supporters to the polling station. There was a bus all the candidates in the primary were supposed to share, but they would ask everyone who they were voting for before allowing them on the bus. If you said you were going to vote for her, they would kick you off the bus. If you said you were going to vote for the incumbent, they allowed you on and gave you 200 KES (USD 2).

Security is also a problem – for example as a woman I don’t want to walk around at night. I got threats on the phone and on my Facebook account. “OK, Rosemary, drop this thing or else you know who we are,” they said, and “watch out for your life.” They also threatened me because I am a single woman with a baby. One said: “Go and get married and then come and ask for votes.” I reported to the police but they did nothing. You have to pay them to investigate in my town.

One day, someone dug up the waterpipe to my house, cutting off our water. I thought to myself: I don’t have to lose my life because I love my community. I started to think I could still help the community without winning an election.

When my boyfriend realized I was serious about politics, he dumped me. That was a big blow for me, I lost him and my money, I was emotionally down. That is when I decided to quit.

Still, in 2022, whether I am married or not, I will run again. I am going to start a business and get money to run; friends will support me. I have everything to be a leader.

 

Baringo county in the Rift Valley region has been plagued by cattle raids and other insecurity that may threaten residents’ ability to vote in August. Despite a heavy presence of security officers, some residents have been killed in recent clashes. Potential voters have been displaced and some polling centers are set to be located in areas that may be inaccessible because of insecurity.

Baringo South constituency borders Nakuru county to the south, Laikipia county to the east, Baringo Central to the west and Baringo east to the north i.e Tiaty constituency, which has people predominantly from the Pokot community. Baringo South has three main ethnic groups – the Kikuyu, Turkana and Kalenjin. The constituency also has other ethnic groups such as the Enderois, Ilchamus, Luo and the Njemp among others.

A government chief in Baringo South constituency, who is displaced and lost property, shares his personal account with Human Rights Watch, edited for clarity:

Here in Baringo South, about 90 percent of the population is registered to vote but there are also some young men who are yet to be registered.

We cannot say there is political hostility ahead of August elections. But security is the biggest challenge because many people, including those who live in my location, have been displaced. Every day now, I have to walk to provide government services to them. I am just back now, walking for the last 20 kilometers looking for my people who are displaced and scattered by the violence here. I am very tired. I too am one of those who are displaced.

The main security problem here is cattle rustling. The herders have been raiding homes and villages, killing people and taking cattle away, partly to recoup livestock killed by Kenyan security officers. Since 2015, at least 30 people have been killed in Arabal location and Mochongoi location, which have been the worst affected by the raids. People have been killed in other areas too.

In Mukutane location, everyone has been displaced and we fear no one is going to vote at all. The majority are either living in makeshift homes or have been taken in by relatives. In Arabal location also we fear no one may vote. They have all been scattered to three separate counties. The other affected location is Mochongoi. Three villages in Mochongoi location have been heavily affected. Those who have been displaced here are not in camps but are integrated among relatives. Chebinyiny location is also heavily affected. Here everyone has been displaced and they are not likely to vote.

Due to violence, all 22 primary schools and 3 secondary schools in these four locations are shut down and children are not going to school. The schools are supposed to serve as the registered polling centers. Security deployment in this area is heavy – we have police, the military and National Police Reserves here.

In total, police and the military have up to 10 camps. We are left wondering what the problem is – why can the government not stop the violence around us? If the government cannot secure the area, then there is no doubt that most people here, including myself, are not going to vote in August.

The tense primary season in Turkana, Kenya’s largest county, has left residents nervous about the potential for violence during the August election. These fears are fueled by allegations of increased gun ownership by local politicians and elites operating outside established norms on gun use.

Gun ownership is common in Turkana among pastoralists in rural communities. Many of those owning these guns are Kenya Police Reservists – people authorized to shoot and possibly kill while defending kraals (homesteads) from hostile neighboring communities. However, a local activist told us that during a recent recruitment and registration drive by the Kenya Police Reservists, several prominent politicians and business owners were amongst those seeking to legally register weapons.

This shift in use is contributing to a sense of heightened insecurity in urban areas of Turkana. On June 1 Daudi Edoki, 25, was shot at point blank range and killed during a rally in Katilu town, Turkana South. Police are still investigating the case, but witnesses told us Edoki was in the crowd, allegedly receiving money from a local politician. When he openly expressed support for an opposing candidate, an assailant shot him at point blank range. The gunshot triggered a panic and some others shot their guns, injuring at least 3 people who were admitted to Lodwar district hospital.

Last October, two daughters of current Kalokol Member of the County Assembly Josphat Ekeno were shot during an armed ambush at the politician’s home. The elder daughter was treated for minor injuries and an 8 year-old child was admitted at Eldoret referral hospital with a bullet lodged in her chest. In February, several youths allegedly shot their guns during an opposition primary rally in Katilia, disrupting the meeting. No one was killed during this incident although several people were injured.

The chaotic primaries earlier this year in Turkana suggest the 2017 election may be among the most hotly contested in the region’s history. Local human rights defenders worry that the proliferation of weapons could increase the potential for volatility. “Elections in Turkana have always been peaceful,” one human rights defender told us, “but if we fight in Turkana it will be the worst fight, because of the guns.” There is so far little sign of the authorities responding to this risk.

Ongoing violence in the Rift Valley is causing insecurity and forced displacement that could potentially keep thousands of people from voting in the August 2017 national elections. Kenyan authorities should urgently investigate violence in Baringo and Laikipia counties, ensure that law enforcement operations are lawful, and take all reasonable steps to ensure protection for residents. The Electoral Commission should ensure that polling places remain accessible and operate in safe areas so voting can proceed.

Read Human Rights Watch's press release here.

Over 10,000 in Baringo, Laikipia Kenya displaced and 22 polling stations are inaccessible due to insecurity https://t.co/fvUu1YGeLv pic.twitter.com/CICzjiEq5q

— Otsieno Namwaya (@onamwaya) 11 juillet 2017

Can Kenya codify “integrity”? That question is at the heart of a vigorous debate in Kenya, one sparked by suggestions that at least 20 people running for election in the August polls may be in violation of constitutional requirements of “integrity.”

Red Card Kenya, comprised of four Kenyan civil society groups, started the debate with a report naming 20 candidates who they allege may not be fit for office by virtue of violating Chapter 6 of the Constitution on Leadership and Integrity.

Chapter 6 vaguely stipulates what “a leader with integrity” is, and outlines standards, including conduct, financial probity and other responsibilities. While many support these provisions in general, a heated debate has broken out over the question of whether “integrity” is an appropriate bar for candidates, if so, how precisely it should be legally defined and practically applied.

The conduct flagged by Red Card Kenya is very serious, ranging from criminal charges of robbery and rape, to mismanagement and embezzlement of funds, to incitement to violence through hate speech.

As a basic human right, in principle, every interested and eligible adult citizen should be able to stand for election. Any exclusion of any individual from an election must be set out clearly in law, based on objective criteria and used only in the most serious of cases. Anyone banned should have a right to appeal decisions, otherwise the power to ban a candidate could become arbitrary or politically-motivated.

Article 19(1) of Kenya’s Constitution states that the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of the individual and communities and to promote social justice and the realization of the potential of all human beings. Chapter 6 was therefore supposed to signal a shift in Kenyan politics towards greater respect for the dignity for citizens. Protecting and preserving the human rights and dignity of the citizens should begin with the leaders who have been entrusted to hold public office on their behalf.

To date Kenya’ Independent Electoral and Boundaries Commission (IEBC) – which oversees elections – has been silent on Red Card’s criticisms. As the final arbiter of electoral eligibility and one of the core constitutional institutions established to protect the constitution, the IEBC should explain how it is applying the constitutional requirement of “integrity” as it determines eligibility.

At the same time, accountability is not only a matter for the ballot box. Accountability for the alleged crimes and abuses Red Card raises should be matters for the courts to efficiently handle, both before and after election day.

Police fail to investigate threats and intimidation between communities in Naivasha https://t.co/qDrDET65PC pic.twitter.com/NJlYR6hsBd

— Otsieno Namwaya (@onamwaya) July 3, 2017

Millions more Kenyans will be eligible to vote in the August elections than in 2013.

More than 19.5 million are registered to vote – a 36 percent jump since the last election in 2013, according to an audit released by Kenya’s Independent Elections and Boundaries Commission (IEBC) this week.

Predictably, given Kenya’s demographic trends, the biggest group of voters is between 18 and 34 years old. It remains to be seen how this large cohort of young voters will impact the election result - particularly on the question of ethnicity. Will young Kenyans turn out to be less ethnically polarized than their parents?

Almost 4000 registered voters are in the diaspora.  At this point, only Kenyans in Uganda and Tanzania will be able to participate and the seats for legislative representatives for the diaspora all have a single candidate so the vote will not be competitive. But it is the first time in Kenyan history that people will be able to vote from outside the country.

This is also the first time in Kenya’s history prisoners will be able to vote in a general election. 5,528 voters across 118 prisons in the country registered to vote, a major victory for prisoner’s rights advocates in the country.

In Charles Hornsby’s article, published today in The Elephant, he looks at Kenya’s  “tyranny of numbers” in elections. He concludes “whatever the final outcome, it is clear that Kenya remains polarised and dangerously divided, almost down the middle, and that there is little trust or goodwill between the two major parties to work with each other in whatever political settlement that will follow the August elections.”

Once again, marginalized groups in Kenya are being left at the margins of another election cycle.

Despite guarantees in Kenya’s Constitution, not enough is being done to ensure that marginalized groups - women, people with disabilities, youth and representatives of smaller communities – fully participate in the August election.

Although Kenya is socially and politically diverse, ethnic identity is the main basis of political representation. Constituencies or counties roughly correspond to historic homelands of large ethnic groups that tend to dominate politically. This makes it difficult for ethnic minority groups to access political power and defend their socio-political rights.

The Kenya Constitution defines marginalized groups in a broad sense that reflects the many ways in which groups have historically been excluded from politics, and prescribes various levels of affirmative action to address that. Women, people with disabilities, youth and representatives of smaller communities are entitled to additional political support in this framework. Kenya has also adopted international treaties protecting the rights of historically marginalized groups, including the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities.

But representatives from rights groups argue that not enough is being done to implement these protections for the upcoming elections. In May 2017, United Disabled Persons of Kenya (UDPK), an umbrella group for people with disabilities, said several barriers still exist to full participation in the election for the estimated six million persons with disabilities.

 “We do not have books, for instance, in braille. Even organizations that have taken up voter education tend to forget [people with disabilities].” said David Towett, Central Rift regional coordinator for the Independent Election and Boundaries Commission (IEBC), which oversees elections.

Women have also been historically marginalized in Kenyan politics and make up only 21% of the current legislature, in breach of the “two-thirds gender rule,” which holds that legislative bodies should not be comprised of more than two-thirds of one gender. According to some reports, out of the 11,330 candidates in the 2017 election, only 2,077 are women, many of who will be running against each other for positions as women’s representatives.

According to groups like UDPK and FIDA Kenya, a leading national women’s rights organization, more needs to be done to ensure full participation. For example, since voting often runs into the night, both women and people with disabilities are reluctant to wait in long lines for security reasons. These fears were borne out during the April primaries, where according to FIDA and the Kenya National Commission on Human Rights, individuals were subject to intimidation and violence at polling stations, including attempted rape.  

At the same time, 32 of the country’s 43 ethnic communities have fewer than 1 million people. Many smaller groups are pastoralists and struggle to access polling stations and election material. In February 2017, representatives from pastoralist communities insisted they needed more time to register to vote, not only because of difficulty in accessing the polls, but because the ongoing drought had pushed voting further down their priority list as people struggled to find food.

According to a 2012 Minority Rights Group International report, lack of political power has severe consequences for smaller ethnic groups in Kenya, including the forced eviction of groups from traditional homelands and a reluctance to seek redress from state institutions. This in turn fuels clashes over pasture land and access to water in parts of the country. The under-representation of women and people with disabilities in parliament creates room for the passage of discriminatory laws.

Structural accommodations for marginalized groups are constitutionally mandated and absolutely necessary for a free and fair election. The IEBC should take specific measures to integrate the needs of such groups, and to protect the right of every Kenyan citizen to participate in the election. 

In the wake of 2007 elections, Human Rights Watch published Ballots to Bullets, a report that documented the main patterns of organized political violence that engulfed the country that year. Two months of bloodshed left over 1,000 dead and up to 650,000 people displaced. Police use of excessive force against protestors, and ethnic-based killings and reprisals by supporters aligned to both the ruling and opposition parties marked the post-election period.

At the time, it was clear that the ethnic divisions laid bare in the aftermath of the 2007 elections had deep roots into Kenya’s history. No Kenyan government had yet made a good-faith effort to address long simmering grievances over land that persisted since independence. High-ranking politicians had consistently been implicated in organizing political violence since the 1990s but had never been brought to book and continued to operate with impunity. Widespread failures of governance at the core of the explosive anger were exposed in the wake of the election fraud. As elections approach in August, have the various reforms addressed the root causes of the violence?

The full Ballots to Bullets report can be accessed here: https://www.hrw.org/sites/default/files/reports/kenya0308web.pdf

With elections in August, rereading @hrw report on Kenya's '07-08 violence. Impunity, corruption, land grievances... https://t.co/s0q0FjTa6G pic.twitter.com/vNefrPZYD4

— Maria Burnett (@MariaHRWAfrica) 19 juin 2017

An upsurge of suspected Al-Shabab attacks always raises serious concerns, but as Kenya prepares for elections on August 8, ongoing insecurity is likely to inhibit participation in the vote. The government’s seeming inability to prevent Al-Shabab violence may discourage people from holding or attending campaign rallies and participating on voting day.

Rather than investigate attacks and seek to proactively protect communities, Kenya has often responded with abusive law enforcement operations, including reprisals in neighborhoods where attacks occur. Given the importance of the campaign period, its more critical than ever for the authorities to act decisively and lawfully to protect people in Al-Shabab affected areas.

Read the full dispatch here

Ongoing insecurity in parts of Kenya could inhibit participation in the vote https://t.co/ppMTW8e22m pic.twitter.com/Lf05JyaTEa

— Otsieno Namwaya (@onamwaya) June 10, 2017

Read the full oped here

 

(Nairobi) – Authorities in Kenya have committed a range of abuses against journalists reporting on sensitive issues, threatening freedom of expression ahead of elections slated for August 8, 2017, Human Rights Watch and ARTICLE 19 Eastern Africa said in a report released today. Journalists and bloggers reporting on corruption, disputed land acquisition, counterterrorism operations, and the 2007-2008 post-electoral violence, among other sensitive issues, have faced intimidation, beatings, and job loss.

May 30, 2017 Report

“Not Worth the Risk”

Threats to Free Expression Ahead of Kenya’s 2017 Elections

• Download the full report
• Download the appendices

The 53-page report, “‘Not Worth The Risk’: Threats To Free Expression Ahead of Kenya’s 2017 Elections,” documents abuses by government officials, police, county governors, and other government officials against the media. Human Rights Watch and ARTICLE 19 examined government attempts to obstruct critical journalists and bloggers with legal, administrative, and informal measures, including threats, intimidation, harassment, online and phone surveillance, and in some cases, physical assaults.

Kenya's elections are scheduled for August 8, 2017. The campaigns begin next week, amid concerns of political and ethnic tension as well as the lack of accountability for current and past human rights abuses – all precursors to election-related violence since 1992. Kenyans will be voting for six positions – president, county governors, senators, members of parliament, women representatives, and members of county assembly – in the August election. Kenya has a history of political violence, but this time around, authorities should ensure a level playing field, free from abuse for voters and candidates. Read the press release here.

Abuses by police, violations of free expression could undermine credibility of #Kenya August poll says @onamwaya https://t.co/OFceRWtKBF pic.twitter.com/kZhotWleo6

— Audrey K. Wabwire (@akawire) May 25, 2017