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THE DEBACLE OF 2007: How Kenyan Politics Was Frozen and an Election Stolen with US Connivance

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About 10 years ago, I was preparing to move with my family to Nairobi from the United States just as Kenya was well into the 2007 election campaign. Although I was taking up a temporary job in “democracy assistance” as the resident director for East Africa of the non-governmental International Republican Institute, I was told to expect limited duties specific to the upcoming election.

My job was to step in to manage the office and supervise a small set of ongoing programmes, primarily one involving the training of women and youth in skills to run for office. We were also wrapping up a programme for the State Department training Muslim women regionally for increased political participation and had an agreement with the United States Agency for International Development (USAid) to conduct polling that had started with an exit poll for the 2005 referendum. We had done a survey that spring and would finish the programme with a survey early that fall, before the presidential race went into the home stretch.

I was on six months’ “public service leave” from my job in the States as a lawyer for a Fortune 50 American defence contractor and had previously been a volunteer trainer for IRI in Mongolia late in the Clinton administration and an election observer in Kyrgyzstan in 2005. 

HITTING THE GROUND

My first week in Nairobi, I accompanied the consultant I was replacing to meet most of the presidential candidates to privately brief them on the results of our most recent opinion survey, our next to last in the programme. We also called on US ambassador Michael Ranneberger, who expressed his desire to have IRI observe the upcoming election, which my predecessor had been telling me Ranneberger wanted. Any plans for such an observation mission had been disclaimed in Washington the week before, and I had trouble getting anyone back in the home office to take the idea seriously, as they confirmed with USAid that an observation mission was not in the works.

The paperwork with USAid for our public opinion and exit poll programme from 2005 unsurprisingly expressed the agency’s concern about the negative trends that had materialised from the seemingly promising democratic breakthrough in the 2002 vote

In preparing for my democracy assistance posting, I had naturally read up on the stillbirth of the promised constitutional reform in the failed “Wako Draft” constitution following the 2002 “Rainbow Coalition” leading to the rise of the Orange Democratic Movement and Kibaki’s purge of his erstwhile anti-Moi allies of the 2002 opposition. I also read up on the recent scandals. Of particular concern, of course, were the Anglo Leasing scams involving corruption in important national security acquisitions revealed by John Githongo who was subsequently blocked from carrying forward as “Anti-Corruption Czar” in the Kibaki administration and went into exile in London. Then there was the 2006 raid, only a year old then, on the Standard newspaper and the KTN television studios, which evoked the “bad old days” of single-party rule and a tightly controlled press and drew condemnation from the diplomatic community, including the US ambassador at the time, Mark Bellamy. The related “Armenian Brothers” circus made Kenya’s security operations look profoundly compromised by criminals. The paperwork with USAid for our public opinion and exit poll programme from 2005 unsurprisingly expressed the agency’s concern about the negative trends that had materialised from the seemingly promising democratic breakthrough in the 2002 vote in which opposition politicians united to support Kibaki against Moi’s choice of his predecessor Kenyatta’s unheralded son Uhuru.

THE AMBASSADOR WAS SURPRISINGLY UPBEAT

Given this background, I was surprised to find Ranneberger seemingly quite upbeat about the state of things under Kibaki as the campaign started to jell for the upcoming election. He made it clear that he wanted IRI to conduct a blue ribbon election observation mission to feature an “African success story.”

My first public event at the embassy residence in the posh Muthaiga neighbourhood was the US Independence Day celebration. The guests of honour were internal security minister John Michuki, representing President Kibaki, and Uhuru Kenyatta, as “the leader of the official opposition.” Michuki featured in my mind for taking credit for the infamous Standard raid on behalf of Kibaki, saying to the media house, “If you rattle a snake, you should expect to be bitten.” “Retired” president Moi, although not in the official receiving line, planted himself front and centre to prominently greet guests. Michuki spoke about his recent “security co-operation” visit to the United States. Vice president Moody Awori was also introduced, but Michuki rather than Awori represented Kibaki.

So the diplomatic tenor had changed for some reason, at least in the approach of the ambassador, who had arrived in mid-2006, although I was perhaps slower than I should have been in fully appreciating the difficulties this would entail for me as an NGO worker engaged in democracy assistance, especially faced with an assertive ambassador who did not formally control our USAid agreement out of Washington, which at the time still involved only the polling and was scheduled to wrap up with a survey in September. 

PROCEEDING TOWARDS DISASTER

In August, our office had a distinguished visitor from our board of directors, the late ambassador Richard Williamson, an especially well liked senior figure within IRI. “Rich” took the occasion to visit our Kenya programme while waiting in Nairobi for his visa to Khartoum to travel on to Juba in Southern Sudan. President Bush was to announce his appointment soon as his new Special Envoy to Sudan and we used the time to take him to meet Raila and Kalonzo as the ODM and ODM-K leaders along with a minister or two, and called on ambassador Ranneberger. Ranneberger again said that he wanted IRI to observe the election. Based on this, Rich was persuaded that we would be doing an observation and afterwards we proceeded to discuss who should be recruited as lead delegate. Rich and my boss who had come out from Washington with him arrived at the idea of Lloyd Pierson, a former IRI Africa director who had been the immediate past USAid assistant administrator for Africa. When I pointed out that I recalled seeing a favourable quote by Pierson in one of Raila’s campaign brochures, that idea was nixed. Neither of them had other specific suggestions at the time.

By October the surveys were showing what I sensed to be the conditions ‘on the ground’ — the opposition under the Orange Democratic Movement had put together in its six-member Pentagon’ a broad enough multi-ethnic coalition, building upon the momentum from the unrequited reformist sentiments from 2002, to have a plurality in a divided electorate

Following up afterwards with the USAid Mission, they now said they would “move heaven and earth” to meet the ambassador’s wish to fund an election observation mission. Likewise, USAid wanted to extend our polling programme — which started with the exit poll for the 2005 Constitutional Referendum — with an exit poll for the 2007 election. Although I knew that the ambassador was expressing confidence in “an African success story,” expecting a “free and fair” election, and expecting Kibaki to win, USAid told me that the intent of the exit poll, as with the one we had done in 2002, and on this contract in 2005, was among other things to deter election fraud and this was confirmed in our amended agreement.

To cut a long story short, by October the surveys were showing what I sensed to be the conditions “on the ground” — the opposition under the Orange Democratic Movement in the form now of the ODM Party had put together in its six-member “Pentagon” a broad enough multi-ethnic coalition, building upon the momentum from the unrequited reformist sentiments from 2002 and the successful blocking of the insufficient Wako Draft, to have a plurality in a divided electorate. Kibaki was very slow to assent to the start of his re-election campaign and conveyed a vibe that it was beneath him to do such “retail politics.” Formally, Kibaki was the Member of Parliament for Othaya from the Democratic Party, his vehicle since Moi gave in to pressure from activists and politicians like Odinga to allow non-Kanu parties in 1992. Kibaki had not seemed to want to run as a DP candidate, nor was he willing ultimately to join NARC-Kenya, whose leaders considered themselves the rightful heirs to the 2002 NARC vehicle. The NARC party papers themselves were controlled by Charity Ngilu, a 1997 presidential candidate herself who departed to become the sixth member of the ODM Pentagon. Eventually, Kibaki gave the nod to a new hybrid formation as a re-election vehicle, the Party of National Unity, PNU, both a party through which Kibaki sought re-election to the Othaya seat, and a coalition of various parties associated with politicians in ethnic groups — in other words, a gambit to match up and compete with the regional/ethnic Pentagon.

According to a report published by the US Congressional Research Service in February 2008, during the post-election crisis, by the early fall of 2007, Kibaki’s key aides were admitting to their analyst that Kibaki was not going to win the vote. This was supported by the surveys showing a persistent opposition lead. Unlike today, the election then retained the “first past the post” system that had allowed Moi to claim re-election with 40% or less of the vote, officially, in 1992 and 1997. 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.

According to a report published by the US Congressional Research Service in February 2008, during the post-election crisis, by the early fall of 2007, Kibaki’s key aides were admitting to their analyst that Kibaki was not going to win the vote

POLL OBSERVATION ON A SHOESTRING

When we got the agreement from USAid for the election observation, funded at a shoestring amount at the end of the fiscal year, USAid had included descriptions by prior job description of various individuals that the ambassador had mentioned previously that he wanted to have invited. These IRI ignored in preparing for our independent observation as an NGO subject to an international code of conduct for independent election observation. As USAid’s right to “substantial participation” in return for their funding, the agreement stipulated its approval of IRI’s “lead delegate/s,” and it repeated the ambassador’s desire for former assistant secretaries of state Chester Crocker and Connie Newman. Ranneberger had worked under Crocker on Angola issues during the Cold War and Newman had served briefly in that role in the first George W. Bush administration, during which time Ranneberger had been her deputy. IRI disagreed with USAid’s right to approval of this appointment as a violation of our independence but did invite Crocker and Newman. Crocker was unavailable but Newman, also an IRI board member, accepted. IRI also invited former ambassadors to Kenya Johnnie Carson and Mark Bellamy. Ranneberger in a call to me well ahead of the election had said that Carson “would not be a good idea,” and that Bellamy should not be included as he was “considered to be anti-government.”

Carson, who was at the time serving as the Africa director for the Office of the Director of National Intelligence had to decline, whereas Bellamy was scheduled to participate. On Thursday, December13, 2007, two weeks before the election, I got a call from USAid and was asked to fax our final delegation list — due to be released from IRI in Washington that day – to a number for the ambassador. After sending the fax, I was driving to lunch with my wife and a friend, the spouse of another US NGO worker who had been a Carter Centre election observer in another recent African election and had volunteered to help. I received a call from the ambassador who loudly chewed me out to the point that I had to pull over and step out on the roadside. Ranneberger was incensed that we had Bellamy on the list, and said that he was “laying down a marker” that this was not to happen. He said he did not want to hear that it was a decision from my Washington office as he was holding me “personally responsible as the person on the ground.” If we did not drop Bellamy he would pull the funding for the observation mission, adding that I should not doubt that he could do this.

Arriving in Dagoretti for lunch, I phoned Washington and my USAid contact in Nairobi. Long story short, IRI’s president at the time, who had been assistant secretary of state for democracy, human rights and labour himself during the first G.W. Bush Administration, called then assistant secretary of state Jendayi Frazer to tell her, as he reported, “to get her ambassador under control,” then, on arriving in Thailand for Christmas and Burma meetings, called Ranneberger directly. As a result, I was told to expect that Ranneberger would ask to meet me, and that Bellamy was reluctantly dropped (with a cover story that IRI was not able to secure his plane ticket) but that I was to accept “no more BS” from the ambassador.

The next day, as I was leaving the polling firm, I got a call asking me to come meet the ambassador at his residence the next afternoon. So on Saturday afternoon, December 15, 2007, I drove to the embassy residence in Muthaiga. As it turned out, the purpose of the meeting was more substantive than just smoothing things over after the arm-twisting on Bellamy. I will explain a couple of salient points from this meeting that remain to me significant in trying to learn what happened with the election 12 days later.

I received a call from the ambassador who loudly chewed me out to the point that I had to pull over and step out on the roadside. Ranneberger was incensed that we had Bellamy on the observer mission list, and said that he was “laying down a marker” that this was not to happen. He said he did not want to hear that it was a decision from my Washington office

To start, Ranneberger elaborated on the importance of removing Bellamy from the delegation because of the notion that he was perceived as “anti-government,” obviously meaning anti the Kibaki administration. When Ranneberger had originally raised this objection as Bellamy earlier in the month, I had asked for input from our Kenyan programme staff who reported that this did not seem to be Bellamy’s general reputation in Kenya and IRI staff had checked this with State Department contacts in Washington and found no support for that view there either.

Ranneberger did let me know that he knew what Bellamy had been told about why he had been dropped from the delegation. In other words, he was letting me know, without taking responsibility for the situation himself, that he knew that “we” at IRI had lied to Bellamy. IRI was in a difficult situation not of our making on Bellamy; would we cancel the election observation (as the only international NGO scheduled to observe, this would raise lots of questions we could not answer) or let the ambassador interfere with our delegation? Regardless, once the directive from the top was given to lie to Bellamy about why he was off the list, IRI no longer had completely clean hands.

Another thing in particular stands out now from that meeting in light of what I later learned through Freedom of Information Act requests to the State Department after I returned to the US.

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” and that he wanted to take Ms Newman with him to observe voting there on election day.

Ranneberger also went on to say that he wanted to take Ms Newman separately to meet with Kibaki’s State House advisor Stanley Murage on the day before the election, with no explanation offered as to why. I reported all this by e-mail to Washington.

Ranneberger in Nairobi made no disclosure of what he had witnessed but encouraged Kenyans to accept the results announced by the ECK that Sunday and formal congratulations were issued from a State Department spokesman back in the US

Alarm bells went off at IRI’s Washington headquarters when they received my e-mail. I noted Murage’s reputation as “Kibaki’s Karl Rove” (he was also referred to by a former diplomat as “Kibaki’s bagman”). After people were back in the office that Monday, I was called by the top executives present in Washington (in the absence of the then-president in Thailand) in the wee hours of the morning my time. I was instructed that it was imperative that the private meeting with Murage – “absolutely improper” – not take place. Connie was to stay with the rest of the delegation and not go off separately with the ambassador on election day or otherwise. I was given the option to “pull the plug” on the observation mission based on the concerns about Ranneberger’s approach. The ambassador, rather than either IRI or USAid, had initiated the observation mission in the first place, and IRI was heavily occupied with other, larger observations. Nonetheless, based on assurances that Ms Newman would be fully “on board” in our agreement, that she would steer clear of separate interaction with the ambassador and that the Murage meeting would not happen, and my belief that it would be an “incident” in its own right to cancel the observation, we agreed to go forward with precautions.

A SEPARATE LAST-MINUTE POLL OF THE LANGATA PARLIAMENTARY RACE

I got the idea of commissioning a separate last-minute poll of the Langata parliamentary race. I thought that the notion that Livondo would beat Odinga in Langata seemed farfetched, but objective data from before the vote could prove important. I also made sure that we scheduled an “oversample” for Langata for the national exit poll so that we would have a statistically valid measure of the actual election day results in the parliamentary race.

On to the Freedom of Information releases: On Tuesday, December 18, a Ranneberger cable went to the Secretary of State entitled “Kenya Elections: State of Play on Election.” This cable says nothing about the “explosive” Langata parliamentary race issue that Ranneberger had raised with me on Saturday, three days earlier. It concludes: “Given the closeness of the election contest, the perceived legitimacy of the election outcome could determine whether the losing side accepts the results with minimal disturbances. Our staff’s commendable response to the call for volunteers over the Christmas holiday allows us to deploy teams to all sections of the country, providing a representative view of the vote as a whole. In addition, our decision to host the joint observation control room will provide much greater access to real-time information; allowing a more comprehensive analysis of the election process.”

Next, we have a cable from Christmas Eve, December 24, three days before the election. First thing that morning, the IRI observation delegates were briefed on the election by a top Ranneberger aide. I told him then that we had commissioned the separate Langata poll. He said that the ambassador would be very interested, and I agreed to bring results with me to the embassy residence that evening when the ambassador hosted a reception for the delegation. The results showed Odinga winning by more than two-to-one.

In this cable from the day he learned about our Langata poll, unlike the one on December 18, Ranneberger added a discussion of the Langata race:

“11. We have credible reports that some within the Kibaki camp could be trying to orchestrate a defeat of Odinga in his constituency of Langata, which includes the huge slum of Kibera. This could involve some combination of causing disorder in order to disenfranchise some of his supporters and/or bringing in double-registered Kikuyu supporters of the PNU’s candidate from outside. To be elected president, a candidate must fulfil three conditions: Have a plurality of the popular vote; have at least 25% in 5 of the 8 provinces; and be an elected Member of Parliament. Thus, defeat of Odinga in his constituency is a tempting silver bullet. The ambassador, as well as the UK and German ambassadors, will observe in the Langata constituency. If Odinga were to lose Langata, Kibaki would become president if he has the next highest vote total and 25% in 5 provinces (both candidates will likely meet the 25% rule).

12. The outside chance that widespread fraud in the election process could force us to call into question the result would be enormously damaging to US interests. We hold Kenya up as a democratic model not only for the continent, but for the developing world, and we have a vast partnership with this country on key issues ranging from efforts against HIV/Aids, to collaboration on Somalia and Sudan, to priority anti-terrorism activities.

. . .

14. As long as the electoral process is credible, the US-Kenya partnership will continue to grow and serve mutual interests regardless of who is elected. While Kibaki has a proven track record with us, Odinga is also a friend of the US . . .

15. It is likely that the winner will schedule a quick inauguration (consistent with past practice) to bless the result and, potentially, to forestall any serious challenge to the results. There is no credible mechanism to challenge the results, hence likely recourse to the streets if the result is questionable. The courts are both inefficient and corrupt. Pronouncements by the Chairman of the Electoral Commission and observers, particularly from the US, will therefore have be [sic] crucial in helping shape the judgement of the Kenyan people. With an 87% approval rating in Kenya, our statements are closely watched and respected. I feel that we are well-prepared to meet this large responsibility and, in the process, to advance US interests.” END

None of this material about a possible scheme to steal the election in Langata — or the notion that being “forced” to question the election result would be “enormously damaging to US interests” was mentioned in the briefing to the observation delegation or to me that Christmas Eve. Weeks after the election, the Standard newspaper ran a piece reporting that the original plan of the Kibaki camp had been to rig the Langata parliamentary race, but at the last minute a switch was made to change the votes at the central tally, supposedly on the basis of the strength of early returns for Odinga in Western and Rift Valley Provinces.

Ultimately, the election resulted in disaster, with at least 1,200 killed and half a million displaced in post-election violence after open rigging.

The Electoral Commission of Kenya had voted earlier in December, according to the subsequent report of the Kreigler Commission, not to use laptop computers that had been purchased as a key feature of the USAid-funded election assistance effort through the International Foundation for Electoral Systems. This decision was never explained and without the computers there was no way to quickly get verifiable results from the voting stations quickly to Nairobi.

The reality of the process was explained to me by a Member of Parliament during the post-election violence (PEV). He said that weeks before the election, when Kibaki had broken the crucial precedent first negotiated between the opposition and Moi back in 1997 to split the authority to appoint members of the Electoral Commission and unilaterally stacked the Commission with 19 of his own choices in the 21 spots, the political players recognised that the process was going to be a no-holds-barred scramble for power and all bets were off on rules.

Also that January, during the PEV, a third-country diplomat explained to me privately that his country had learned that ECK returning officers in key locations had been paid “life changing” amounts of money to turn off their cellphones and drop out of contract with Nairobi so that the vote totals under their jurisdiction could be “marked up” in Nairobi to increase the president’s votes for re-election (consistent with what Ranneberger described in his then-classified January 2, 2008 cable as discussed below). This diplomat explained that his country had discovered the bribery too late, supposedly, to do anything about it. One possible reason for the alleged bribery to be discovered so late would be that the scheme to mark up the central tallies was a last minute substitute for the “credibly reported” Langata scheme Ranneberger mentioned in his Washington cable of December 24 and his meeting with me on December 15.

I expected that the president’s men would learn that IRI had also undertaken the special poll of the Langata Constituency. After the stacking of the ECK, another fateful turning point seems to me to have been the deployment by the president’s re-election team of the Administration Police in the days before the vote. This was something we all witnessed on live television thanks to broadcast reporting from KTN, but which the government denied. The ambassador’s aide confirmed to our observation delegation that this deployment was in fact a use of government security resources for the president’s re-election. Two of the deployed AP officers were killed by mobs and it seems that the atmosphere of a physical power struggle rather than a contest of democratic persuasion ratcheted up that much more at that point.

The fact is that I never have been able to identify a time when Kibaki actually said in public during my time “on the ground” that he was actually willing to entertain losing the election and giving up office in favour of the opposition. Eventually, shortly before the vote, his foreign minister, Moses Wetangula (now in the opposition) said that such a willingness was there, but he seemed to be conspicuously speaking to foreign diplomats rather than to ordinary Kenyans. To this day, no incumbent president in Kenya has ever been found by election officials to have lost a re-election bid.

DONOR VS. DONOR: THE UNITED STATES AND THE EUROPEANS SPLIT

On Wednesday, January 2, 2008, Ranneberger cabled Washington about witnessing with the head of the EU Election Observation Mission, Alexander Graf Lambsdorf, the changing of the vote tallies at the ECK headquarters over the weekend before, leading to the announcement of a Kibaki win on the evening of Sunday, December 30, 2007. The cable, which was declassified and released to me in redacted form through the Freedom of Information Act, reports “[M]uch can happen between the casting of votes and the final tabulation of ballots, and it did.”

The ECK’s partial review of the irregularities was also of questionable credibility, given that all of the commission members were appointed by the Kibaki government, and a number of them were suspected of being clearly biased and/or involved in doctoring at ECK headquarters. The Chairman of the ECK, Samuel Kivuitu, who was widely respected, was surrounded by staff of uncertain reliability and competence. It is worth noting that parliamentary results were not disputed because they were tabulated and announced at constituency tabulation centres, thus allowing no interference at ECK headquarters.

Presidential results by polling station never were published. The suppressed media reporting of the election results that disappeared with Michuki’s broadcast ban did not resurface except for the admission by the owner of the Citizen network in parliament in December 2016 that the numbers had indicated an Odinga win

Kivuitu had only limited authority as head of the ECK. The ECK worked on a majority vote system. It is also important to note that the ECK was required by law to announce the results as received from the tabulation centres. Some obvious irregularities like reporting unrealistically high turnout or clearly altered results could be rejected. There was, however, only a rejection of the results in one constituency in which violence resulted in destroyed ballots. Other alleged irregularities, such as announcing results that ECK personnel personally inflated, should have been, could have been, but were not corrected. At one point Kivuitu told me that his concerns about the tabulation process were serious enough that “if it were up to me, I would not announce the results.” In the end, he participated with other commissioners in an announcement late on December 30.

My team and I, as well as the head of the EU observer mission, were at the ECK vote tabulation centre throughout the tabulation process, and aggressively intervened with Kivuitu and other commissioners and staff to work for transparency. Our judgement is that the tabulation process was seriously flawed but, without having direct access to polling station numbers and doing a polling-station based recount, it is impossible to determine which candidate actually received the most votes. We had consistently predicted a close election. There were accusations of serious irregularities with respect to about 20% of the 210 constituencies. Some ECK insiders have alleged that the purpose of the delay in announcing the results in some of the constituencies was to determine the true count and then rejig it in such a manner as to make up for gaps in the votes for Kibaki.

Announced results differed from results initially received by ECK from the tally centres. We have seen documents that illustrate this. In a close election, with Kibaki winning by about 230,000 votes, such irregularities may have been enough to make a difference.

Nonetheless, Ranneberger in Nairobi made no disclosure of what he had witnessed but encouraged Kenyans to accept the results announced by the ECK that Sunday and formal congratulations were issued from a State Department spokesman back in the US. Live broadcasting was shut down by order of Michuki. Eventually, I received on appeal of a FOI Act request originally from 2009 a copy of a document prepared by the State Department in Washington as “talking points” for the media on election day itself that “spins” an acceptance of an announcement of a Kibaki win with opposition objections.

European foreign ministries and diplomats in the meantime criticised what was obviously a highly irregular process with the suspect tallies and the hurried, secretive swearing-in of Kibaki. On Monday, the State Department changed position through its main spokesman in Washington, saying that “we are not congratulating anyone.” On Tuesday, New Year’s Day, the EU observation mission held a press conference and released its preliminary report, making clear that the election process had fallen “far short of key regional and international standards for democratic elections. Most significantly, they were marred by the lack of transparency in processing and tabulating presidential results, which raises concern about the accuracy of the final result in this election.” The EU observers and other Europeans called for remedial measures, including an immediate independent investigation and audit, with all results openly published. Ranneberger, however, instead of supporting the European calls for remedial action, was immediately promoting “power sharing” for Odinga with Kibaki instead.

The EU seemed to switch positions and come around to support the State Department’s posture, abandoning remediation in favour of “power sharing.” In that time of heightened sensitivity, trying to decipher what was happening, I tied this contemporaneously to reports that secretary of state Condoleezza Rice called EU head diplomat Javier Solano on Thursday, January 3. My 2009 FOI Act request for documents related to that call identified that there was such a document but it was classified and remained too sensitive to release in any form at all. I appealed to no avail, and then last year submitted a request for Mandatory Declassification Review, which was also denied on the same grounds. My latest appeal of that decision has been pending for a few months now.

Many years later, a former senior diplomat was willing to tell me that the US policy was not to assist Kibaki over Raila, and that the US expected consistent relations going forward either way — which fits with the pre-election Nairobi to Washington cables I had got from FOI — but that the policy was to support whatever the ECK announced. A blunter take on what Ranneberger claimed in his cable of December 18, that it would somehow damage US interests if we were “forced” to question the ECK’s results. Assuming it to be true that the State Department was going to back whatever the ECK announced regardless, it was unlucky for me that no one told me about this before the election, as I surely would have taken the opportunity to cancel the IRI election observation mission since the State Department was not supporting the democracy assistance purposes of our agreement with USAid in working for free elections and observing independently in order to, among other things, oppose fraud.

EXIT POLL TOO HOT A POTATO

This policy would also suggest a reason that the exit poll that we conducted for USAid, which indicated a win for Odinga rather than Kibaki, was such a “hot potato” that it was held without public comment by IRI until a statement of January 15, responding to leaks of the results, that the poll was “likely invalid”, then on February 7, after it became a topic of inquiry in a US Senate hearing, definitely “invalid,” then released as valid in August, the day before the experts from the University of California, San Diego who had been heavily involved in the poll design and execution were to testify about it to the Kreigler Commission, having released it themselves in July after a six-month embargo imposed in their consulting contract with IRI.

Ranneberger insisted, though USAid, over my objection, on getting preliminary results of the exit poll on the afternoon of the voting before the polls closed, but clearly did not want the results released to the public as the other exit polls for USAid had been. Ranneberger answered questions from Kenyans and others in an online State Department Q&A on March 12, 2008 while the exit poll was still officially “invalid” and claimed that the poll had just been a “capacity building programme” and never intended to be released.

The USAid contract documents, which I of course had myself and of which I also obtained copies of through FOIA, show the contrary, and I also got a copy of the plan for public release by IRI of the first poll under that agreement, the exit poll from the 2005 Wako Draft referendum. If the State Department policy was to affirm whatever the ECK decided, the exit poll with a contradictory result was decidedly inconvenient.

I did not get anything about this from my FOIA requests, but in the fall of 2010, Daily Nation ran a story reporting that Wikileaks had published documents indicating that three members of the ECK itself had been slapped with “visa bans” by the United States in February 2008 on the basis of evidence that they had accepted bribes. Although Ranneberger had tweeted that former Attorney General Wako was subject to a visa ban at some point, nothing has ever been said publicly by the State Department to my knowledge about the ECK bribery issue.

At the end of the day, Kibaki stayed in office throughout for his second full term. On February 28, he signed his deal with Odinga for “power sharing,” against the active resistance of many on his side. From his unilateral Cabinet appointments of January 8, Kalonzo Musyoka stayed on as vice president and Uhuru Kenyatta was promoted to deputy prime minister from local government minister when the Cabinet was expanded to include various opposition figures in the “Government of National Unity,” including Odinga as prime minister and his running mate Musalia Mudavadi as the other deputy prime minister. Of the two lions who faced off at the Kenyatta International Conference Centre as the drama over the late and missing election returns played out, Martha Karua stayed on for a time as justice minister before resigning, and agriculture minister William Ruto realigned politically after he came under fire over corruption allegations, as well as the ICC charges for the PEV that also stuck to Kenyatta.

THE POLITICIANS FORGIVE THEMSELVES

Collectively, Kenya’s leading politicians agreed to forgive themselves for the election fraud, and for the post-election murder and mayhem. The Kreigler Commission made recommendations for the future, but stayed off the crucial machinations at the ECK. Presidential results by polling station never were published. The suppressed media reporting of the election results that disappeared with Michuki’s broadcast ban did not resurface except for the admission of the owner of the Citizen network in parliament in December 2016 that the numbers had indicated an Odinga win. With much shuttle diplomacy and artful stonewalling of requests for phone, banking and property records — along with a lot of extraordinary misfortune and changes of heart by witnesses, the ICC was thwarted and no local tribunal ever convened to address the violence.

Early during my time in Kenya, Moi and Kibaki made up after their 2002 rift, with Kibaki appointing Moi as his envoy for the Sudan/Southern Sudan negotiations and Moi endorsing Kibaki’s re-election. For 2013, Kibaki completed what had been Moi’s original intention of handing off to Uhuru Kenyatta from 2002, with Ruto back in the fold after his brief time in opposition in 2007-08. Again, in 2013, USAid financed a results transmission system for the electoral commission through IFES. The procurement was botched and the system was not workable, but rather than being shelved from the outset it was set up and used initially to show up on a big screen at Bomas of Kenya some partial results indicating a large lead for Kenyatta before being shut down.

Weeks after the election, the Standard newspaper ran a piece reporting that the original plan of the Kibaki camp had been to rig the Langata parliamentary race, but at the last minute a switch was made to change the votes at the central tally

Without knowing the background of the botched procurement, “experts” told the media this slice of results indicated a “commanding lead” for the Uhuruto ticket from the onset.

The local civil society think tank AfriCOG (disclosure: I consulted briefly with AfriCOG on “observing the election observers”) petitioned the High Court to enjoin the electoral commission from announcing “final” results with the results transmission system shut down but was turned down on jurisdictional grounds, even though the High Court found the petition to raise significant questions. In the absence of the legally prescribed system to transmit the results to Nairobi, there was once again physical drama at the central headquarters, with observers excluded and no backup system in place to obtain verified results from each polling station — the only location where the paper ballots are counted.

Once again, observers were excluded as noted in the final reports of the Carter Centre and Election Observation Group (ELOG) funded by the donors as international and domestic observations respectively. The electoral commission announced final results six days after the vote, with a day to spare on the deadline, even without all the polling station results. Coincidentally, I am sure, the Uhuruto ticket was determined to have .07% more votes than needed to avoid a runoff. The Supreme Court held a truncated hearing quickly following the election, consolidating the challenges to the electoral commission by AfriCOG and by the opposition. The court excluded much of the evidence submitted by the opposition and ignored much of that submitted by AfriCOG; it ordered a recount of votes from a sampling of boxes, but then went ahead and ruled, declining to upset the announced commission verdict without the limited recount being completed and in spite of the fact that significant discrepancies materialised.

Significantly, the Supreme Court found that the botched procurements of key technology, the results transmission system and voter registration and identification systems, smacked of fraud and ordered that they be investigated on that basis. A mere ruling by the Supreme Court was not enough to actually prompt any such investigation in Kenya, unfortunately. Months went by without publication of alleged election results and the electoral commission even refused to testify to parliament. What was eventually published later was incomplete. The electoral commission members were eventually swapped out once again, early this year, after the opposition was willing to expend a small number of lives to protest the inaction of the incumbent government in regard to issues that now included convictions in the UK for bribes paid to Kenyan election and education officials in the scandal known as “Chickengate.” Like the old ECK, the members of the commission were bought out rather than fired, and of course there has been impunity for the bribery even though it was proven in court in the UK.

HERE WE GO AGAIN

So here we are again, in 2017, and I am waiting for answers to my questions as to who is paying for the acquisition of this year’s version of the results transmission system, the so-called Kenya Integrated Election Management System, or KIEMS. I hope it is straightforward and transparent and handles the simple task of sending the results of the vote counting at the polling stations to Nairobi this time.

As an American, it is none of my business whom Kenyans vote for, but with all the investment of Kenyan blood, sweat and tears, and American and other donor funds, I will be disquieted until Kenyans are able to count on knowing how they have voted and be in a position to move their frozen politics forward with the kind of hope that existed before the debacle of 2007.

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Mr Flottman is a lawyer in the United States where he works in corporate practice on government contracts.

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What Ails the Cashew Nut Sector in Kenya?

The lack of a focused policy since the 1990s has pushed the cashew nut sector into perennial decline. The sector’s disintegration started when the state-owned Kenya Cashewnut factory ollapsed in 1997 – a time when the political environment was not inclined to rescue a sector that had been a lifeline for thousands of Kenya’s coastal residents.

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Lake Kenyatta Cooperative Society (LKCS) in Mpeketoni in Lamu – perhaps the only remaining cooperative society in Kenya’s coast region formed by cashew nut farmers in the 1970s – once collected 9,000 metrics tonnes of cashew nuts from its members during the sector’s heydays in the 1980s. Currently, despite boasting a membership that has stretched to over 6,000, the cooperative does not expect to collect anything beyond 300 tonnes this year. This is the volume it managed to collect in the last calendar year.

From a peak harvest of over a total of 36,000 tonnes in the late 1970s, when the cashew nut sector was at its highest peak, the sector is today struggling to even produce 11,000 tonnes.

Cashew nut farming and processing was once a thriving undertaking in Kenya. After nationalising the economy shortly after independence, the government of Jomo Kenyatta took full control of the cashew nut sector, which was dominated by Mitchell Cotts, a shipping giant. In 1975, the government formed Kenya Cashewnut Limited (KCL) and established a large-scale processing factory in Kilifi, with a capacity to process 15,000 metric tonnes of cashew nuts per year.

The National Cereals and Produce Board (NCPB), one of the shareholders of the newly created KCL, was granted legal monopoly to buy all the cashew nuts from farmers. Other shareholders of KCL were the Industrial and Commercial Development Corporation (ICDC), the Industrial and Development Bank (IDB) and the Kilifi District Cooperative Union (KDCU).

Farmers were organised into many cooperatives across the coast – big ones such as LKCS and KDCU and also small ones. To be able to pay farmers in time for cashew nuts collected, KCL pre-financed NCPB. The factory would determine its raw material requirements and the excess would be exported in shell to India. Essentially, the factory guaranteed a stable farm gate price and provided a predictable and reliable market.

In post-independence Kenya, market stability saw the sector expand production from about 5,000 tonnes in 1965 to over 36,000 tonnes in the late 1970s and early 1980s. In 1982, KCL made a net profit of Sh26 million (US$325,000), up from Sh3 million (US$37,500) in 1975 – nearly a ten-fold increase in just seven years.

At its peak, the KCL cashew nut factory employed over 4,000 people. During this period, coastal residents were able to send their children to good schools, raise their incomes, and develop local micro-economies.

Dwindling fortunes

Those heydays didn’t last for long though. In the 1980s, President Daniel arap Moi and his cronies started engaging in rent-seeking from parastatals in order to sustain a regime that was under threat.

By 1989, KCL got caught up in governance and financial challenges, and in February 1990, it rendered a large chunk of its employees jobless. At the same time, powdery mildew disease (PMD), which had not been witnessed before, hit crop yields and production. The resultant dwindling economic fortunes of KCL meant that it could not provide extension services to the cashew nut farmers, which spelt doom for the sector.

In post-independence Kenya, market stability saw the sector expand production from about 5,000 tonnes in 1965 to over 36,000 tonnes in the late 1970s and early 1980s. In 1982, KCL made a profit of Sh26 million (US$325,000), up from Sh3 million (US$37,500) in 1975 – nearly a ten-fold increase in just seven years.

When the disastrous 1990s’ World Bank-led Structural Adjustment Programmes (SAPs) hit the country, they found an already struggling cashew nut sector. By November 1992, the Parastatal Reform Programme Committee (PRPC) recommended the sale of 65 per cent of the shares the government held in KCL through NCPB, ICDC and IDB.

The PRPC recommended that Kilifi District Cooperative Union (KDCU), the owner of the remaining 35 per cent of the shares, be granted pre-emptive rights to buy the 65 per cent government shares. A parliamentary committee would later discover that partly due to the high cost involved in buying these shares, the three main directors of the KDCU had decided to strike a deal with some of President Moi’s closest business friends.

A Ministry of Agriculture report in 2009 noted that with a value of Sh141.2 per share, the 65 per cent share of the government was valued at Sh78 million (US$1.34 million). Debts acquired by the KCL in previous years that were owed to NCPB, ICDC, the Treasury, and the Italian government amounted to over Sh118 million (US$2.03 million). The company also owed Sh33 million (US$0.56 million) in redundancy payments to former employees. In total, the KDCU would have had to invest roughly US$4 million to finance the acquisition of the company – money it did not have. This is how private money was used to buy government shares in KCL.

In 2000, the Public Investments Committee (PIC) recommended that the factory be handed back to the farmers. The same year, a subsequent cashew nut report tabled in Parliament by PIC noted that the factory’s shares were illegally acquired by Moi’s cronies, including the president’s personal secretary, Joshua Kulei, who was accused of having defrauded the farmers.

A Ministry of Agriculture report in 2009 noted that the actual majority shareholders had the KDCU appoint themselves as the management agents of the factory, which was renamed Kilifi Cashew Nut Factory Limited (KCFL), and which was under the management of P.K. Shah, who took complete de facto control of the day-to-day business of the factory.

In 1996, the KDCU received a loan of Sh2 million (US$ 35,000) from its main owner, Kenya Plantations and Products Limited, to purchase raw cashew nuts (RCN) – which it secured with its 23 per cent shares, valued at a much higher Sh28.07 million in 1992 – as collateral for the loan. When it failed to pay back the loan, these shares were transferred to private investors.

Eventually, in 1997, KCL collapsed under its financial and operational burden. Unable to service an outstanding loan of about Sh95 million, Barclays Bank placed the factory under KPMG- managed receivership in 2000, and on 8 May 2002 sold all its assets, including the plant and machinery, to Millennium Management Limited (MML) for Sh58 million (US$ 0.97)

In just a few years, the marketing monopoly that the NCPB enjoyed and the logistical machinery it had put in place to procure cashews came a cropper. The board completely withdrew from marketing cashew nuts. This decision led to the disappearance of key functions, such as financing cooperatives and reliably supplying KCL with affordable raw cashew nuts.

The lack of a focused policy in the last three decades has pushed the cashew nut sector into a perennial multi-year production and profit decline. The sector’s decline and disintegration started when the state-owned KCL collapsed in 1997 – a time when the political environment was not inclined to rescue a sector that had been a lifeline for thousands of Kenya’s coastal residents.

New players  

With the stake of the factory diminished, and the end of its monopoly in cashew nut matters, exporters of raw cashew nuts emerged. These exporters were able to offer significantly higher and faster payments due to the high rebates they enjoyed for exporting raw materials that would in turn create jobs in the importing countries.

By buying through middlemen – who became the sector’s main players – the new market structure undermined the role of cooperative societies that had enjoyed state-sanctioned market support. They could not survive and all but collapsed.

The first main processor, Wondernut Ltd, came into the country in 2003. Kenya Nut Company (KNC), owned by Pius Ngugi, and Equatorial Nuts, owned by Peter Munga, which predominately deal in macadamia nuts from the Mount Kenya region where their factories are based, made forays into processing cashew nuts as well.

In just a few years, the marketing monopoly that the NCPB enjoyed and the logistical machinery it had put in place to procure cashews came a cropper. The board completely withdrew from marketing cashew nuts. This decision led to the disappearance of key functions, such as financing cooperatives and reliably supplying KCL with affordable raw cashew nuts.

With the Kilifi Cashew Nut Factory (partially revived by MML) and the later entry of another Central Province macadamia processor, Jungle Nuts, the number of active cashew processors in Kenya had expanded to five.

Even so, these five processors had to compete with the well-established exporters of raw, unprocessed nuts who had gained favour with farmers due to their market flexibility and higher prices. In the 2007/8 season, for instance, exporters of raw cashew nuts went on a buying spree that saw the share of processed export nuts drop by over 20 per cent that season. This posed a huge threat to local processors.

Despite a total ban on the export of raw cashew nuts in 2009 (which nut processors had called for) the industry has gone horribly wrong in the last decade. In their call to the government to ban exports, the nut processors argued that the ban would allow them an opportunity to gather enough harvest to enable them to utilise their excess installed processing capacity.

A baseline survey that had been done on the crop in 2009 by the Institute of Development and Business Management Services (IDS) on behalf of the Micro Enterprises Support Programme Trust (MESPT), a value chain government initiative, had revealed a sector reeling in distress.

This is the situation that the sector found itself in 2009 when the Nut Processors Association of Kenya (NutPAK) – the result of processors pulling together resources – was formed to lobby for the industry’s protection, with a keen focus on the export ban.

Despite a total ban on the export of raw cashew nuts in 2009 (which nut processors had called for) the industry has gone horribly wrong in the last decade. In their call to the government to ban exports, the nut processors argued that the ban would allow them an opportunity to gather enough harvest to enable them to utilise their excess installed processing capacity.

William Ruto, the current Deputy President who was then the Minister of Agriculture, met stakeholders in the cashew nut industry at Pwani University in Kilifi in March 2009. He ordered a Cashew Nut Revival Task Force (CNRTF) on 9 April 2009 to submit a report by the end of April and to come up with recommendations on measures to be taken to revive the cashew industry. John Safari Mumba, the former Managing Director of KCL and former MP for Bahari Constituency, and then the Chairman of the Kenya Cashew Growers Association, led the four-member task force.

When the task force finally submitted its report based on views it received from various players, it recommended banning the export of raw nuts.

That same year, Ruto heeded their call and pronounced an export ban on RCN after the four-member task force hastily collected views from the industry’s key players. On 16 June 2009, barely one month after the task force’s report had been submitted, Ruto published “The Agriculture (Prohibition of Exportation of Raw Nuts) Order, 2009” banning the export of raw cashew and macadamia nuts.

The government also announced that all nuts would be sold through the NCPB, which was then struggling to buy maize from farmers. It would later sell the produce to processors.

The population of cashew nut trees then stood at about 2 million, with 20 per cent of them beyond the production age and more trees projected to graduate to the unproductive age bracket in just a couple of years. Inadequate crop husbandry, the IDS study further revealed, saw farmers exploit less than a half of the total crop’s potential.

A disorganised nut market that followed the exit of KCL and the coming up of new entrants (largely exporters of RCN who relied mainly on brokers), affected the growth of the crop’s production and productivity since these traders would only emerge during the harvest season and did nothing to promote the crop. The exporters of RCN shifted base to neighbouring Tanzania, one of the world’s leading producers of cashew nuts that exports most of its nut produce raw.

Cashew nut woes

Fast forward to the 2010s. A statistic by the Nut and Oil Directorate shows that the area under cashew nut production went down from 28,758 hectares in 2015 to 21,284 hectares in 2016. Production also declined from 18,907 tonnes to 11,404 tonnes in the same period, with the value of the crop recording Sh398 million compared to Sh506 million in 2015. This was attributed to crop neglect and logging of cashew nut trees for charcoal and to pave way for other crops.

In the absence of farmers’ groups, a poorly structured NCBP and lack of enough collection centres in the cashew catchment areas, NCPB was not able to buy the nuts, so middlemen continue to dominate the scene to date.

To address these shortcomings, the sector’s stakeholders, led by the Provincial Director of Agriculture, formed a multi-sectoral task force to lead in revitalising the sector. Its other members included NutPAK, Cashew Nuts Growers Association and Kenya Agricultural Research Institute (KARI), which was to lead in production expansion.

The task force set out a cashew nuts revival programme that included increased production, streamlining the marketing system to rid the sector of middlemen and setting up minimum farm gate prices, among other measures. However, due to financial challenges, especially for the growers association, the team’s initiatives were not realised.

In the absence of farmers’ groups, a poorly structured NCBP and lack of enough collection centres in the cashew catchment areas, NCPB was not able to buy the nuts, so middlemen continue to dominate the scene to date.

The matter was made worse in 2013 when the agriculture function was devolved and the task force initiatives lost the support of the Ministry of Agriculture, which dealt a devastating blow to its programmes. Unfortunately, the foundation it had sought to build since 2010 was not transitioned to county governments in cashew catchment areas after devolution.

The county governments have continued to under-fund the cashew nut sector and lack strong policy guidelines to promote the sector. Last year, Kwale County allocated only Sh1.5 million to promote procurement of cashew seedlings in a programme that was being funded by the European Union (EU) to increase production in Lamu, Kwale and Kilifi counties. The EU injected Sh240 million through Ten Senses Africa, which was meant to plant 333,333 trees in each of the three cashew-producing counties.

The main processors have scaled down operations in the cashew nut sector. Most of them are located in the Mount Kenya region, where they have mainly focused on macadamia nuts. The ban on the export of raw cashew nuts favoured the macadamia sector, which has recorded a five-fold increase to reach a production of 50,000 metric tonnes per year.

The industry has thus been left to new entrants but there are strong indications that it still has potential, if well supported. In 2019, for instance, the total estimated area under cashew growing was reported to be 22,686 hectares, which is a marginal improvement from the 22,655 hectares reported in 2018, due to efforts to plant new seedlings.

The sector’s revival

The COVID-19 pandemic has simply worsened the cashew export market. This decline has been exacerbated by rare new pests, and a disorganised free-for-all market that has dampened supplies for cashew cooperatives and nearly sealed the sector’s fate.

LKCS’s chairman, David Njuguna, doubts that the cooperative will be able to offer a farm gate pre-2019 price of Sh30 a kilo once the farmers dispose of the harvest they are still hoarding. According to his estimates, a highly compromised cashew nut quality this year means that farmers will only be able to recover 34 per cent from their entire harvest. This can be attributed to poor crop husbandry, thanks to the low price the crop has been fetching, thus denying farmers the capacity to profitably commercialise the sector.

Mumba led a task force in 2009 that formulated seven clear recommendations that were to be carried out before the ban was effected:

  1. To revive the cashew nut industry, the Ministry of Agriculture should first establish a cashew nut revitalisation desk with immediate effect to coordinate the task report’s recommendations;
  2. The ministry should with immediate effect establish a regulatory apex body for the development of the cashew nut industry to be named the Kenyan Cashew Nut Development Authority (KECADA);
  3. KECADA should initiate the process of formulating a cashew nut policy independent from other crops;
  4. Immediately following the formation of KECADA, regulation for a minimum farm gate price should be put in place;
  5. The government, in conjunction with KECADA, should establish funds to support farm input subsidies, as well as guarantees for public-private partnerships financing cashew farmers;
  6. Former farmers’ cooperatives should be revived; and
  7. Most importantly, only once these recommendations have been put in place (particularly the minimum price), should the government consider implementing an export ban on raw cashew nuts, which should be reviewed regularly regarding its effects.

By putting together the right structures and policies, both the national and county governments can bring this important cash crop back to its former glory.

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Why Cash Transfers Are an Efficient Method of Reducing Food Insecurity

With high levels of mobile phone and internet penetration, coupled with advanced digital technologies in the financial sector, Kenya has favourable conditions for cash transfers to the most vulnerable populations. However, corruption and lack of reliable data on beneficiaries can derail efforts to make all Kenyans food secure during and after the COVID-19 pandemic.

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As governments across the globe continue to grapple with the economic effects of COVID-19, many are faced with the additional burden of guaranteeing food security for millions of their citizens. Restrictions in movement and other social distancing measures adopted to contain the spread of the virus have put a significant strain on food supply chains, both at production and distribution links. As a result of this, millions have been pushed to the brink of hunger. The United Nations estimates that up to 265 million people will face acute food shortage by December 2020, a sharp increase from earlier predictions of 135 million people. A disproportionate share of these people live in low- and middle-income countries where shock-responsive social safety nets are inadequate or poorly managed.

In Kenya, long before the World Health Organisation (WHO) declared COVID-19 a global pandemic, an estimated 1.3 million Kenyans were already facing acute food shortage as a result of prolonged droughts, extended long rains well into the harvesting season and a locust infestation not witnessed in a decade.

On 13th March, after the country reported its first case of the virus, the government instituted containment measures in the interest of public health. This further disrupted food supply chains and consequently put a strain on the country’s food systems. Stay at home advice, a night curfew, closure of non-essential social spaces and social distancing requirements have reduced economic activity resulting in job and income losses. The resultant reduced household purchasing power further propelled more households into crisis food shortage.

Further, and with schools closed, millions of students who benefit from school feeding programmes are losing out on this benefit, with parents having to fully take on an all-day feeding responsibility. The World Food Programme (WFP) now projects that a total of 5 million Kenyans will require food and livelihood assistance as a result.

Three months into the pandemic, we can already see a deacceleration of philanthropic acts to provide food supplies to the most vulnerable populations compared to the early days of the pandemic, an indication that private charity, while important, is not adequately prepared to address the need and is not sustainable. Given the uncertainty of when a vaccine will get to the market and when we will see the resumption of normalcy, it is expected that millions will require food assistance and government and private philanthropy will need to better coordinate this assistance and ensure that households remain food secure during this pandemic.

Food packages vs cash transfers

According to the Kenya Food Security Steering Group, despite the adverse climatic shocks, Kenya’s food availability remains stable as a result of a favourable harvest due to above average short rains towards end of the year in most agricultural areas. COVID-19, however, presents a challenge of affordability for many households, who no doubt will require food assistance.

However, how can governments, development agencies and philanthropists provide this assistance in a manner that provides choice, flexibility, and dignity to those that need it and in line with their individual circumstances?

Three months into the pandemic, we can already see a deacceleration of philanthropic acts to provide food supplies to the most vulnerable populations compared to the early days of the pandemic, an indication that private charity, while important, is not adequately prepared to address the need and is not sustainable.

How do we put people at the centre of this assistance by not only providing food, but promoting financial inclusion of the poorest and most vulnerable during this pandemic? How do we ensure that the nutritional needs and requirements of the vulnerable are not generalised and reduced to a few food and other household items? How do we move away from paternalistic tendencies that have long viewed hunger as a question of charity rather than one of justice? Who decides what food items a given household requires in comparison to the rest?

These questions require reflection on the forms and manner in which food assistance can be provided. Should we provide households with food packages or should we provide cash transfers?

In determining a suitable approach, we will need to be cognisant of the unique challenges COVID-19 throws into this long-standing debate of food packages vs cash transfers in development circles. Firstly, and from an epidemiological standpoint, there is a need to reduce social contact as much as possible to ensure food distribution does not become a conduit for virus transmission. Secondly, it is worth noting that the pandemic is causing involuntary stay-at-home, therefore disengaging many from meaningful economic activities, and thereby creating COVID-induced dependency.

This group is particularly of concern given that there is no telling how long they will require assistance even when restrictions are eased. As such, cash transfers remain a lifeline for many as they allow people to navigate through the pandemic and rebuild their lives after the crisis. Thirdly, given the reduced household purchasing power and the resultant decreased demand in household and food items, cash transfers can be an effective tool in turning food need into an effective food demand to sustain supply chains, particularly among downstream smallholder farmers. This, however, needs concerted efforts to ensure distributional links, particularly to small open-air markets, as a majority of lower-income households in urban areas depend on these markets for their food supplies.

Interventions to ensure that households remain food secure will, therefore, need to provide households with flexibility and choice in determining food and other household items that meet their unique circumstances. Choice will need to be devolved to the household level and not left to the imaginations of benefactors – government or private.

Cash transfers have proven to do exactly this by increasing household expenditure, particularly food expenditure, thereby enabling households to meet their unique and diverse dietary requirements, improved health and nutritional outcomes and other outcomes, such as savings and investments. The 2015/16 Kenya Integrated Household Budget Survey (KIHBS), for instance, shows that food remains a high expenditure item at the household level, with 33.5 per cent of cash transfers received from within Kenya used on food items, only preceded by education, at 44.6 per cent.

However, food consumption is higher in rural households compared to education spending, at 38.9 per cent and 38.2 per cent, respectively. Further, the survey shows a higher proportion of food expenditure in female-headed households compared to male headed households, especially in the rural areas, at 41.8 per cent and 35.2 percent, respectively.

In addition to providing beneficiaries with choice, cash transfers have a positive spillover effect of stimulating local markets to the benefit of downstream local producers and retailers. However, in determining amounts for disbursement, it is worth ensuring these are informed by household food consumption rates to sufficiently cover food needs.

Granted, food packages bear the benefit of cushioning beneficiaries against commodity price spikes, especially where markets are disintegrated and retail prices are vulnerable to erratic price changes. But on the flip side, they often limit dietary diversity and may fail to respond to disparate nutritional needs across households, especially those with infants, young children, lactating mothers, pregnant women, and the elderly. Food packages normally contain food items with long shelf life (i.e. cereals, rice, maize, wheat flour, salt, cooking oil and other household items), often leaving out short shelf life items, such as milk and other dairy products, that have essential nutrients for household members with unique nutritional requirements.

The 2015/16 Kenya Integrated Household Budget Survey (KIHBS), for instance, shows that food remains a high expenditure item at the household level, with 33.5 per cent of cash transfers received from within Kenya used on food items, only preceded by education, at 44.6 per cent.

Administratively, food packages present logistical challenges in distribution, and depending on the approaches of distribution, may be inconsistent with measures to curb the further spread of the virus. For instance, social distancing measures require minimal social contact, yet distribution of food packages require social proximity, which makes these packages possible conduits for virus transmission.

Additionally, food packages are prone to mismanagement by those responsible for distribution. When factored in, the cost of corruption may significantly impact the overall cost of food distribution. For instance, a 2011 World Bank review of India’s Public Distribution System (PDS) showed that 58 per cent of food did not reach the intended beneficiaries.

In contrast, because cash transfers are distributed through mobile money, not only are the administrative costs of this form of assistance reduced, but cash transfers provide a transparent framework for distribution, thereby minimising misappropriation.

Cash transfers have their limitations too. Targeting of the most deserving beneficiaries may be a challenge where accurate identification and validation of beneficiaries is hampered by lack of reliable data.

Strong digital infrastructure

Kenya’s ICT sector has rapidly grown over the years, placing the country’s mobile phone and internet penetration at 91 per cent and 84 per cent, respectively, which is above Africa’s average of 80 per cent and 36 per cent, respectively. Although variations exist in mobile ownership between rural and urban populations, at 40 per cent and 60 percent respectively, Kenya still fairs relatively well in reaching rural populations. On the gender front, more females (10,425,040) than males (10,268,651) own a mobile phone, according to the 2019 Kenya Population and Household Census.

Kenya’s digital payment infrastructure is equally advanced, making it a global leader in mobile money usage. Data from the Central Bank of Kenya shows that as by December 2019, there were 58 million active mobile money accounts and 242,275 mobile money agents across the country. In 2019, Kenyans transacted a total of Sh4.35 trillion (almost half the country’s GDP) through their mobile phones. According to the KIHBS 2015/16, mobile money transfer was used more by households in rural areas compared to those in urban areas, at 46.2 per cent and 38.9 per cent, respectively, an indication of the effectiveness of mobile money- enabled cash transfers in reaching the most vulnerable.

To further deepen reach and ensure vulnerable populations, such as the elderly, women and remote populations, are reached, there is a need for the government and mobile phone operators to temporarily relax the know-your-customer requirements, and ensure all targeted individuals/household are facilitated to access cash transfers through mobile money.

These advancements provide a strong digital infrastructure that when effectively deployed can support a massive cash transfer programme to ensure households are adequately cushioned during this pandemic. Given the time lag in collecting socio-economic data at the national level, a lag that may not quickly correspond to the changing socio-economic characteristics of the population, data from mobile and internet usage offer a quick and verifiable option of targeting the most vulnerable and therefore making them food insecure.

In 2019, Kenyans transacted a total of Sh4.35 trillion (almost half the country’s GDP) through their mobile phones. According to the KIHBS 2015/16, mobile money transfer was used more by households in rural areas compared to those in urban areas, at 46.2 per cent and 38.9 per cent, respectively…

Combined, mobile phone use and historical mobile money transactions provide massive data, which when carefully analysed, prove a useful resource for assessing the socio-economic standing of individuals, and therefore accurately determining individuals who most qualify for assistance.

Additionally, technology offers a robust and trusted framework that when optimally utilised limits leakages that are often associated with traditional methods of cash disbursement. For one, they make visible households that qualify for cash transfers and when disbursements are due. The predictability they offer also enables households to know when to expect cash and therefore plan better for both food and other household expenditure.

Constraints

Effective mobile-enabled cash transfer programmes rely on rich verifiable data that accurately capture the changing socio-economic positions of citizens. Employment and income status of citizens need to be regularly updated to ensure they accurately capture the most deserving. While the government has over the years invested in collecting socio-economic data through the national census, most recently during the 2019 Kenya Population and Household Census, as well as digital registration of citizens during the Huduma Namba registration, there is a need to build on to these databases, and regularly update the same for purposes of establishing robust social welfare systems.

COVID-19 and its impact on household well-being is perhaps bringing to the fore the value of big data in building such systems and cushioning livelihoods through evidence-based social protection policies, particularly as far as these policies are meant to guarantee household food security. The ability of applying these lessons will determine how prepared governments are in fighting the next pandemic and food security challenges, especially as climate change continues to threaten food security systems.

In the immediate term, and as the government props up its cash transfer programme, there is a need for community-based participatory approaches in assessing the most vulnerable and needy households to ensure efficient utilisation of funds. Relying on community social capital is an effective way of determining households that were vulnerable prior to COVID-19 and those that have become dependent as a result of the pandemic.

Corruption

A pandemic itself, corruption is a systemic problem in Kenya, with proven ability to cripple noble initiatives aimed at benefiting the poor. Worse, this problem has significantly reduced trust levels between the government and citizens and has limited citizens’ participation in governance matters. There is, therefore, a need to build safeguard measures in cash transfer programmes to minimise avenues for leakages. This should include digitised and transparent targeting criteria, citizen-led participatory monitoring and oversight, as well as effective complaint mechanisms.

Corruption thrives in information asymmetry. Therefore, automated platforms that make information accessible to the public on who qualifies for transfers, how much they are eligible for, and the frequency of distribution (with all data privacy protocols observed) provide a better bet in bridging this gap.

Information and communication technologies (mobile-enabled transfers coupled with digitised social safety net frameworks) have the potential effect of limiting the discretionary powers of public officers in determining who benefits. This reduces human intervention in the process, thereby limiting opportunities for cash diversion for personal gain. The technologies, when properly managed, can also minimise political manipulation, capitalisation and clientelism to the advantage of the political class. This, however, is dependent on a strong commitment by the government in ensuring cash for disbursement is made available in the first instance. More importantly, citizens will need to push for structured collective social accountability mechanisms, such as social audits and citizens reports, and will need to actively participate in holding public officials accountable.

Corruption thrives in information asymmetry. Therefore, automated platforms that make information accessible to the public on who qualifies for transfers, how much they are eligible for, and the frequency of distribution provide a better bet in bridging this gap.

Given the uncertainty of COVID-19’s staying power, and its disruption to food supply chains, there is no doubt that food security will remain a key concern that requires better coordinated approaches in feeding those who are most vulnerable. The approaches and manner in which this is done will need to take into consideration the unique challenges the pandemic presents.

With advanced digital technologies, particularly in the financial sector, Kenya is well ahead of many countries in the developing world and well prepared to deepen cashless assistance as it works to contain the spread of the disease. Perhaps this is the litmus test for the government’s ability to rise up to the challenge of walking the talk on ensuring its food security and nutrition commitment under the Big Four Agenda.

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Politics

Curfews, Lockdowns and Disintegrating National Food Supply Chains

The disruption of national food supply chains due to COVID-19 lockdowns and curfews has negatively impacted market traders, but it has also spawned localised – and more resilient – supply chains that are filling the gap in the food system.

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Curfews, Lockdowns and Disintegrating National Food Supply Chains
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Our stomachs will make themselves heard and may well take the road to the right, the road of reaction, and of peaceful coexistence…you are going to build in order to prove that you’re capable of transforming your existence and transforming the concrete conditions in which you live.” – Thomas Sankara, assassinated leader of Burkina Faso

 On July 6, 2020, Kenya’s President Uhuru Kenyatta announced phased reopening of the country as the government moved to relax COVID-19 restrictions. That day found me seated in a fishmonger’s stall in Gikomba market, located about five kilometres east of Nairobi’s Central Business District (CBD) and popularly known for the sale of second-hand (mitumba) clothes. The customer seated next to me must have received a text message on her mobile phone because she began howling at the fishmonger to tune in to the radio, which was playing Benga music at the time. It was a few minutes after 2 p.m.

“I order and direct that the cessation of movement into and out of the Nairobi Metropolitan Area, Mombasa County and Mandera County, that is currently in force, shall lapse at 4:00 a.m. on Tuesday, 7th July, 2020,” pronounced the president on Radio Jambo.

The response to this news was cathartic. The female customer, on hearing the words “cessation of movement shall lapse” ululated, and burst out in praise of her God – “Nyasaye” – so loudly it startled the fishmonger. The excited customer jumped on her feet and started dancing around the fish stalls, muttering words in Dholuo. Nyasacha, koro anyalo weyo thugrwok ma na Nairobi, adog dala pacho. Pok a neno chwora, chakre oketwa e lockdown. Nyasacha, iwinjo ywak na. Nyasacha ber.” Oh God, I can now leave the hardship of Nairobi and go back to my homeland. I have not seen my husband since the lockdown measures were enforced. Oh God, you have heard my prayers. Oh God, you are good to me.

“She, like most of us are very happy that the cessation measures have been lifted. Life was becoming very hard and unbearable,” said Rose Akinyi, the fifty-seven year old fishmonger, also known as “Cucu Manyanga” to her customers because of her savvy in relating to urban youth culture. “Since the lockdown, business has been bad. Most of my customers have stopped buying fish because they have either lost their sources of income while others have been too afraid of catching the coronavirus that they have not come to make their usual purchases,” explained Akinyi.

Gikomba market is also Nairobi’s wholesale fish market.  Hotels, restaurants, and businesses flock there to purchase fresh and smoked fish from Lake Victoria and Lake Turkana. But with the government regulations to close down eateries, fish stocks have been rotting, lamented Akinyi. She has had to reduce the supply of her fish stocks in response to the low demand in the market.

“With the re-opening of the city, I plan to travel to my home county of Kisumu and go farm. At least this way I can supplement my income because I don’t see things going back to normal anytime soon,” she explained.

Two days later, I found my way to Wakulima market, popular known as Marikiti. The stench of spoilt produce greets you as you approach the vicinity of the market, Nairobi’s most important fresh produce market. News of the president’s announcement had reached the market and the rush of activity and trade had returned.

Gikomba market is also Nairobi’s wholesale fish market.  Hotels, restaurants, and businesses flock there to purchase fresh and smoked fish from Lake Victoria and Lake Turkana. But with the government regulations to close down eateries, fish stocks have been rotting, lamented Akinyi.

“Since the lockdown, business has been dire to say the least,” complained one Robert Kharinge aka Mkuna, a greengrocer and pastor in a church based in Madiwa, Eastleigh. Robert, who sells bananas that he gets from Meru County, noted that “business has never been this bad in all my twenty years as a greengrocer. Now, I’ve been forced to supplement my income as a porter to make ends meet. Before COVID-19, I would sell at least 150 hands of bananas in a day. Today, I can barely sell five hands,” he explains.

Robert, who is also a clergyman, leans on his faith and is hopeful that things will get back to normal since the cessation of movement has been lifted. He also hopes that the county government of Nairobi will finally expand the Marikiti market to cater for the growing pressure of a city whose population is creeping towards five million.

A short distance from Robert’s stall and outside the market walls stands Morgan Muthoni, a young exuberant woman in her early twenties selling oranges on the pavement. Unable to find space in the market, she and a number of traders have opted to position themselves along Haile Selassie Avenue, where they sell produce out of handcarts.

“When President Uhuru announced the cessation of movement in April, our businesses were gravely affected,” Muthoni says as attends to customers. “I get my oranges from Tanzania and with the lockdown regulations, therefore, produce hasn’t been delivered in good time despite what the government has been saying. Before COVID-19, I would get oranges every two days but now I have to wait between four and five days for fresh produce. My customers aren’t happy because they like fresh oranges and I’m now forced to sell them produce with longer shelf life.”

COVID-19 vs the Demand and Supply of Food
With the prior government lockdowns in Nairobi and Mombasa’s Old Town, which have large populations and are key markets for various food products, the government had to ensure that people in those areas were not cut off from essential goods and services. It was also the mandate of the government to shield farmers and manufacturers of the goods from incurring heavy losses because of the restrictions. Despite good attempts by the authorities to introduce measures that allowed the flow of goods to populated areas affected by the lockdown, there were several reports of police harassment.

“Truck drivers are complaining that they are been harassed by the police for bribes at the police stops, which is gravely affecting our businesses. The police, with their usual thuggery, are using this season of corona to mistreat and extort truck drivers to pay bribes in order to give them way at police checks even if they have adhered to the stipulated regulations,” complained Muthoni.

The movement of goods is further complicated by the disjointed health protocols. “We also hear that because Magufuli’s Tanzania has a different policy towards COVID-19, trucks drivers are taking longer at the border because they need to be tested for coronavirus before they are allowed to pass. But we don’t know how true these reports are. For now, we believe that things will get better since the cessation has been lifted. If God is for us, who can be against us?” Muthoni concludes.

Divine intervention is a recurring plea in these distressed economic times, but unlike Muthoni and Robert, who remain hopeful, this is not the case for Esther Waithera, a farmer and miller based in Mwandus, Kiambu, about 15 kilometres from Nairobi. Kiambu, with its fertile rich soils, adequate rainfall, cool climate, and plenty of food produce, is a busy and bustling administrative centre in the heart of Kikuyuland.

After the president’s announcement of the quasi-lockdown and curfew, Waithera has been spending her afternoons selling fresh produce from her car that is parked opposite Kiambu mall on the weekends and in Thindigwa, a splashy middle-class residential area off the busy Kiambu Road, on weekdays.

“Before COVID-19, I used to supply fresh farm produce to hotels and restaurants across the city. But now I have been forced to sell my produce from my car boot because if I don’t, my produce will rot in the farm. My husband runs the family mill and even that has been doing badly since the coronavirus came to plague us. We have had to decrease our milling capacity and the cost of maize flour to adjust to new market prices as demand reduces.”

After the president’s announcement of the quasi-lockdown and curfew, Waithera has been spending her afternoons selling fresh produce from her car that is parked opposite Kiambu mall on the weekends and in Thindigwa, a splashy middle-class residential area off the busy Kiambu Road, on weekdays.

Maize is Kenya’s staple food and Kenyans rely on maize and maize products for subsistence but, “Kenyans are going hungry and many households are skipping meals to cope with these harsh times,” explains Waithera.

Waithera, who is a mother of three children, doesn’t seem hopeful about the future. “This government that we voted for thrice has let us down. They have squandered the lockdown and have caused economic harm without containing COVID-19. Now we are staring at an economic meltdown, a food crisis and a bleak future for our children.”

A devout Christian of the evangelical persuasion, Waithera deeply believes that “God is punishing the country and its leaders for its transgressions because they have turned away from God and taken to idol worship and the love for mammon”. And like the biblical plagues, “the recent flooding, the infestation of desert locusts and the corona pandemic are all signs from God that he has unleashed his wrath on his people unless we repent our wrongdoings and turn back to God”, laments a bitter Waithera.

For Joyce Nduku, a small-scale farmer and teacher based in Ruiru, this new reality has provided her with opportunities for growth. She acknowledged that her sales have increased during the COVID-19 pandemic, saying, “I now have more customers because there are not enough vegetables available in the market from upcountry”.

Localised and more resilient food systems

At a time when regular food supply chains have not been assured, some food markets have closed, mama mbogas (women vegetable vendors) are out of business, and the cessation of movement is deterring travel, Nduku attributes her increased food production to meet the growing demand to a business model that lays emphasis on a localised food system and short food supply chains.

Approaching food production through a localised food system, she says, “gives me local access to farm inputs”.

She adds, “I get my manure from livestock keepers within my locale and my seeds from local agrovets. I have direct access to my consumers, removing middlemen who expose my produce to unsafe and unhygienic handling and high logistical and transport costs. Hence I’m able to increase the access to safe and affordable food.”

Agriculture, forestry and fishing’s contribution to GDP in 2019 was 34.1 per cent, according to the Kenya National Bureau of Statistics’ Economic Survey 2020. Another 27 percent of GDP is contributed indirectly through linkages with other sectors of Kenya’s economy. The sector, the survey revealed, employs more than 56 percent of the total labour force employed in agriculture in 2019. It also provides a livelihood (employment, income and food security needs) to more than 80 percent of the Kenyan population and contributes to improving nutrition through the production of safe, diverse and nutrient dense foods, notes a World Bank report.

Yet, in a matter of weeks, Nduku tells me, “COVID-19 has laid bare the underlying risks, inequities, and fragilities in our food and agricultural systems, and pushed them close to breaking point.”

These systems, the people underpinning them, and the public goods they deliver have been under-protected and under-valued for decades. Farmers have been exposed to corporate interests that give them little return for their yield; politicians have passed neoliberal food policies and legislation at the peril of citizens; indigenous farming knowledge has been buried by capitalist modes of production that focus mainly on high yields and profit; and families have been one meal away from hunger due to untenable food prices, toxic and unhealthy farm produce and volatile food ecosystems.

Nduku firmly believes that the pandemic has, however, “offered a glimpse to new, robust and more resilient food systems, as some local authorities have implemented measures to safeguard the provision and production of food and local communities and organisations have come together to plug gaps in the food systems.”

Food justice

Many young Kenyans have also emerged to offer leadership with more intimate knowledge of their contexts and responded to societal needs in more direct and appropriate ways. If anything, Nduku tells me, “we must learn from this crisis and ensure that the measures taken to curb the food crisis in these corona times are the starting point for a food system transformation”.

The sector, the survey revealed, employs more than 56 per cent of the total labour force employed in agriculture in 2019. It also provides a livelihood (employment, income and food security needs) to more than 80 per cent of the Kenyan population…

To achieve the kind of systematic transformation Kenya needs, we must “borrow a leaf from Burkina Faso’s revolutionary leader Thomas Sankara”, Nduku adds. Sankara emphasised national food sovereignty and food justice, advocated against over-dependence on foreign food aid, and implemented ecological programmes that fostered long-term agro-ecological balance, power-dispersing, communal food cultivation, and the regeneration of the environment, which remain powerful foundations for food justice today.

Indeed, we must also not rely on discrete technological advances or conservative and incremental policy change. We must radically develop a new system that can adapt and evolve to new innovations, build resilient local food systems, strengthen our local food supply chains, reconnect people with food production, provide fair wages and secure conditions to food and farm workers, and ensure more equitable and nutritious food access for all Kenyans.

Importantly, Nduku emphasises, “We must start thinking about the transformation of our food systems from the point of view of the poorest and those who suffer the greatest injustice within the current framework of our food systems.” This will provide a much more just, resilient and holistic approach to food systems transformation.

This article is part of The Elephant Food Edition Series done in collaboration with Route to Food Initiative (RTFI). Views expressed in the article are not necessarily those of the RTFI.

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