Kenya After the Elections
Africa Briefing N°9415 May 2013, crisisgroup
Kenyan democracy was severely tested in the lead-up to, during and after the 4 March 2013 elections. On 9 March, following a tense but relatively peaceful election, the Independent Electoral and Boundaries Commission (IEBC) declared Jubilee Coalition’s Uhuru Kenyatta president-elect. He garnered 50.07 per cent of the vote – barely passing the threshold for a first round victory. His closest opponent, former Prime Minister Raila Odinga, challenged his victory in court, but despite allegations of irregularities and technical failures, the Supreme Court validated the election. Although Odinga accepted the ruling, his party and several civil society organisations questioned the election’s shortcomings and its impact on democracy. President Kenyatta and his deputy, William Ruto, will have to restore confidence in the electoral process and show robust commitment to the implementation of the new constitution, in particular to devolution, land reform, the fight against corruption and national reconciliation. Failure to do so risks further polarising the country and alienating the international community.
Despite some clashes preceding the vote, and following the court’s decision, the nation avoided a repeat of the 2007-2008 post-election violence. A number of factors contributed to a predominantly peaceful election, including a general consensus between the political elite and the citizenry not to bring Kenya to the brink of civil war again. International pressure, in particular from the current International Criminal Court (ICC) cases, media self-censorship, restrictions on freedom of assembly, and deployment of security forces to potential hotspots also helped avert unrest. In addition, Kenya’s citizens took pre-emptive action by returning to ethnic homelands to vote, with vulnerable groups vacating areas of past communal violence.
However, a number of vital, more overarching reforms addressing systemic and structural conflict drivers – a culture of impunity, high unemployment, land reform, resettlement of internally displaced persons (IDPs), ethnic tensions, weak institutions and regional and socio-economic inequality – have yet to be implemented. Accountability for the 2007-2008 post-election violence remains largely unaddressed. It now rests with the ICC with charges against three (of the original six) suspects still pending, including prosecutions of the newly elected president and deputy president. Kenyatta and Ruto deny the allegations against them and have publicly committed to cooperate with the court. Yet in early May, Kenya’s permanent representative to the UN submitted a brief to the Security Council seeking to have the case terminated, a move that was subsequently rejected by Ruto and the attorney general but follows a history of government challenges to the court.
With the first election under the 2010 constitution complete, Kenyans now anticipate the full force of reforms that aim to redress grievances against centralised governance and uneven economic development. Through devolved government, the 47 newly created counties, with their own elected governors and assemblies, will seek to tackle socio-economic inequalities. However, faith in the central government’s will and capacity to implement reforms has been further weakened by the failures in the reformed electoral machinery. To restore public confidence in the electoral process, the government should:
- conduct a comprehensive audit of the electoral process, drawing on all the relevant legislation, institutions and mechanisms;
- address inadequate training of IEBC field officers, the police and other security sector personnel;
- enhance communication of the processes in the electoral cycle and address deficiencies in civic and voter education; and
- investigate and prosecute those suspected of committing electoral offences, including IEBC staff members, and work to rebuild confidence in the IEBC.
County governments will have to work alongside central government to ensure effective management and equitable allocation of national and local resources. The success of devolution will depend on mutual cooperation between the National Assembly, the Senate, county governors and assemblies, and the Transitional Authority (TA) mandated to oversee the devolution process. In the following months the new government should:
- clarify the distinct and interdependent functions of county and national governments pursuant to the constitution and relevant legislation;
- encourage transparency with continuous updates on the status of the transition;
- ensure county governments adhere to constitutional requirements for diversity and representation; and
- build capacity at the county government level and ensure adequate and timely resource allocation.
As Kenya moves forward under a Jubilee government, focus will be on implementing the constitution, ensuring the smooth transition to devolved government and bringing justice to the victims of the 2007-2008 post-election violence. To ensure political stability, economic growth and mutually beneficial foreign relations, President Kenyatta’s government, with the support of regional and international partners, will need to:
- cement peace and reconciliation initiatives and continue to seek justice for post-election violence victims through continued cooperation with the ICC; and
- maintain progressive relationships with regional and international partners to ensure the achievements of the Grand Coalition Government, established in 2008, are preserved and built upon, and that Kenya’s ambitious socio-economic goals are achieved.
Nairobi/Brussels, 15 May 2013