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The Pollsters Have Had Their Say, Now Let the Real Voters Have Their Way

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This is the fifth in a series of articles that will review and comment on surveys related to the August 2022 general election, providing analytical tools to enable the reader to assess their credibility and potential impact.

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Polls and Ballots: Getting Into the ‘Weeds’ of Election-Based Survey Research
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Now that the election is upon us, this, my 5th piece for The Elephant, will compare the final round of pre-election survey results released last week—by law no new opinion poll can be published within 5 days to the election—and consider several other issues related to them, individually and collectively.  It will then consider the findings of several dubious survey entities; some examples of weak and incorrect interpretation of poll results by the media; aspects of the Act regulating the publication of polls during the pre-election period; a consideration of several factors related to recent change of presidential voting intentions; and the assumed “bandwagon” effect as a consequence of polls.

To provide some empirical and analytical context, it begins with my (slightly updated) piece that appeared in the Standard of 3 August.

The undecideds: the overall picture 

By all accounts, the forthcoming presidential election is likely to be a close contest. Two factors underlie this assessment: first, not all of the mainstream survey firms agree in giving Raila Odinga a clear lead over William Ruto (beyond their respective margins of error), even if three do so (Infotrak, TIFA and Ipsos—in contrast to Radio Africa). Secondly, those respondents declining to identify their voting intentions either because they declared they were “undecided” or have chosen to remain silent altogether, remain a significant proportion of potential voters in the findings of nearly all the four surveys: between 4 and 8 per cent. In other words, it can be assumed that it is they who will decide who the next president is, whether they turn out to vote, or stay away, thereby leaving this decision to those who do vote.

Such figures raise two questions: which of these two candidates will obtain the most votes, and will either also obtain the 50 per cent + 1 required for an outright win?

As shown in TIFA’s poll conducted during 21 June-16 July, both candidates increased their overall rating by about 5 per cent (Ruto from 39 to 44 per cent, and Odinga from 42 to 47 per cent).  Two factors account for this: a decline in those claiming to be undecided (from 10 to 4 per cent) as well as those who gave no response (from 4 to 2 per cent). Combined with a drop by half in expressed voting intentions for George Wajackoyah (also from 4 to 2 per cent), this explains where the combined gain of 10 per cent for the two main candidates came from.

The remaining proportion who declined to declare their voting intention will be critical. Is there anything about their identity and attitudes also captured in this survey that might indicate which way they will go?

This analysis—based on previously unreleased TIFA survey data from the above-mentioned survey purchased by the Standard—explores two key questions related to the above: just who are these respondents, and does their identification give any clue as to whether and how they will vote? How many Kenyans have changed their voting intentions since the beginning of this year, and for those who have, why have they done so?

Getting inside the numbers

The first point to make is that the proportion of respondents declining to name a preferred presidential candidate has continued to decrease since the beginning of the year. For example, according to TIFA, it dropped by about half, from 30 per cent in January to just 14 per cent in late June. This stands in contrast to the relevant figures for the same period prior to the last three elections: in 2007, 1 per cent; in 2013, 5 per cent; and in 2017, 9 per cent.  (It should be noted that the surveys which yielded these figures from the three previous elections were all conducted face-to-face at respondents’ households, unlike the three at issue here. It may be the case that in the former setting, where interviewers and respondents are able to establish a more “personal” relationship, it would be more “awkward” for a respondent to avoid answering this question.)

As noted, the TIFA figure is 5.2 per cent (among all respondents who said they are registered voters, but excluding those who said that they will “definitely not vote just 2 per cent). Yet with only two weeks remaining when this survey was conducted, it cannot be assumed that all such respondents have not, in fact, made up their minds; they may just be too shy to reveal their voting intentions, for one reason or another.

How many Kenyans have changed their voting intentions since the beginning of this year, and for those who have, why have they done so?

One way to test this assumption is to pose this question: what proportion of these respondents who claim to be undecided about their presidential vote have, in fact, made up their minds about the other choices they will confront on their ballot papers?

To answer it, TIFA asked all “undecideds” (on their presidential choice) if they have decided who will receive their votes for governor, senator and MP.  Altogether, more than half (58 per cent) reported that they had yet to make up their minds on any of these choices. By contrast, just over one quarter (28 per cent) indicated that they had indeed made up their minds about all three.

It thus appears that these latter respondents—those who had made up their minds on the lower races—very likely decided, for whatever reason, not to reveal their presidential preference although they actually have one. By contrast, it may be assumed that the others are being honest, since if they have yet to decide their vote-choice for any of the other positions, their attention to the campaigns—and perhaps to the election itself—is obviously low (even if they are classified as “potential voters”, that is, those who claimed to be registered but excluding those who said that they “definitely will not vote).

Main reason(s) for being undecided

Another clue about the “real” position of these self-professed undecided voters is provided by the distribution of responses to the next question that all of these respondents were asked: “What is the main thing that will help you decide which presidential candidate you will vote for?”  Whereas a substantial proportion (28 per cent) identified “more information about the policies/the manifestos of the candidates” as the main factor that would allow them to decide, more than twice as many (61 per cent) said that they are “not sure” what would help them make this decision. A handful mentioned either “guidance/advice from family, friends or respected local leaders” or “instructions/advice from local candidates/politicians”.  At this late stage of the electoral cycle, how anyone could not be certain what they need to know—or whose opinion they need to hear—in order to make this important decision seems improbable, suggesting that this vague response is nothing more than a ruse.

Political party self-identification

Another “window” into the minds (or at least the political profiles) of the “undecideds” is gained by getting the answer to another question: what proportion of them do/do not self-identify with any political party? The assumption here is that far more of those who do may be expected to have made up their mind about their presidential voting intentions, even though, as noted above, they may be shy about revealing this.

The data here indicate that this is indeed the case, with over 90 per cent of those who self-identify with any political party also naming a presidential candidate, as compared to slightly over half of those who do not. Thus, once again, the latter exhibit a much lower level of electoral interest.

At the same time, these “undecideds” regarding the presidential contest, but who do, nevertheless, self-identify with a party are nearly evenly split: 3 per cent doing so with ODM and 2 per cent with UDA, and 1 per cent each with regard to the two corresponding coalitions.

Indeed, only with the benefit of credible official results will it be known if at least some of those declining to reveal their voting intentions have actually concealed them—as happened with significant proportions of respondents in US surveys that were “wrong” with regard to Donald Trump’s victory in the 2016 election and in the UK’s “Brexit” vote the same year. Assuming that is the case, who between Ruto and Odinga will benefit most when the real votes are counted?

Confidence in election integrity

Another factor evidently affecting the naming of a preferred presidential candidate can be put in the form of another question: does confidence in election integrity influence the willingness or propensity to name a preferred presidential candidate? According to the data, only very marginally so. Two sets of figures may be cited. First, slightly more of those who did not name a candidate believe that false election results (for whatever positions) are either “very likely” or “somewhat likely” after the 9 August votes are counted: 56 per cent vs. 52 per cent.  Conversely, rather more of those who named a candidate are “quite certain” that this will not happen as compared with those without a (stated) preferred presidential candidate: 40 per cent vs. 32 per cent. (More of the latter are also “not sure” if any election “wins” will be stolen or not: 12 per cent vs. 8 per cent.)

Two demographic variables: education and English language competency

The impact of education on the inclination or ability to make a decision about one’s presidential vote is significant. For example, among those who mention an intention to vote for any candidate, only 26 per cent have not gone beyond primary school, whereas more than double this figure (i.e., 56 per cent) who do not mention any candidate are within this lower education bracket. And regarding language ability, only 33 per cent of those did not name a candidate say they can speak English, as compared with 57 per cent of those who did (clearly largely a correlate of one’s education level). Taken together, such contrasts related to these two variables suggest that at least part of the failure to name a candidate appears to be insufficient access to political information as opposed to a propensity to conceal one’s intentions.

Flip-side: who has changed their presidential preference, and why?

To probe deeper into the process of deciding whom to vote for (which can be mainly either an individual or collective/communal one, although these two factors vary across the country both between and within various communities), TIFA sought to discover just how many people have recently changed their voting intentions since the beginning of the year. Such changes are of three types: from being undecided to supporting a particular candidate; from supporting a particular candidate to being undecided; and to changing support from one candidate to another.  Even without data, some of the most salient reasons can be suggested: because the candidate dropped out of the race; because one’s most admired or local political/community leader moved into or out of a relationship with one or the other presidential campaign team or alliance; because of campaign or other messaging; or because of the candidates’ choices of running-mates.

In this endeavour, the first requirement was to determine how many people say that they have done this, and who they are, especially in partisan-political terms.

Altogether, a substantial minority—13 per cent—report having done so. Significantly, a clear majority of these—57 per cent—say that they have changed from one candidate to another, as shown in the following chart:

Change in Presidential Voting Intention
Moreover, slightly more of those now supporting Odinga than Ruto (a 5 per cent margin) are among these 57 per cent. However, the DP has the “upper hand” in terms of winning over those who had initially been undecided (by a 12 per cent margin). Finally, among those who had previously intended to vote for one presidential candidate but are now preparing to vote for another one or are now undecided (the latter, as noted above, just 5 per cent of the total sample), Raila and Ruto have “lost” a nearly equal number of potential voters (36 per cent and 33 per cent, respectively). Nearly all of the remainder (that is, among those who have “switched” to a new candidate) previously supported someone who never entered or who dropped out of the race (especially Musalia Mudavadi or Kalonzo Musyoka).

Indeed, only with the benefit of credible official results will it be known if at least some of those declining to reveal their voting intentions have actually concealed them.

In partisan terms, an equal (and relatively small) proportion of declared supporters of ODM and UDA (led by Odinga and Ruto respectively) report having changed their presidential voting intentions since the start of the year (11 per cent). However, far more of those who continue to self-identify with Jubilee have done so (26 per cent), and almost as many among those who support any of the numerous other parties (22 per cent), the take-away being that those attached to a party lacking a presidential candidate have been rather more inclined to “move” in one direction or another in terms of their ultimate presidential choice.

But to what do the respondents attribute their changes in voting-intentions? For most (42 per cent), it has been campaign promises and manifesto content, although “the influence of others” and “the choice of running mate” also register significant numbers (13 per cent and 10 per cent, respectively). Less impactful among this group as a whole was the failure of an admired leader to join (or withdraw from) the presidential race (e.g., Mudavadi, Kalonzo, and a few others, at 8 per cent) as well as an evaluation of opinion polls (4 per cent, with Odinga having a definite advantage here, however small the total figure).

Poleni kwa the ‘Undecideds’: What this contest is really about

Even if this is Ruto’s first attempt at the presidency, the considerable duration of his public career even before his decade-long service as deputy president, means that neither of the two main candidates suffers from any “public profile” deficit.  Yet one factor contributing to the higher than usual proportion who have chosen to remain “undecided” in recent surveys may be a higher level of confusion as to what agendas they both represent as compared with those who sought the country’s highest office previously. Such “confusion” may stem from the fact that Odinga and Ruto have largely exchanged their political “clothing”, with the deputy president largely campaigning against his president—and thus the status quo, even if throughout their first term they appeared to be in comfortable lock-step with each other—while the former prime minister usually defends him, even as he, too, tries to offer credible change for an electorate the vast majority of which is currently suffering a plethora of economic, and other, woes. Indeed, in a TIFA survey of June 2021, 50 per cent more respondents identified Ruto rather than Odinga as “the political leader most active in terms of criticizing the Jubilee government and trying to hold it to account”, and in TIFA’s April 2022 survey, some three-quarters of respondents identified Odinga as “Uhuru’s preferred successor”. Such a situation makes it largely impossible for Odinga to assume the anti-government posture he has in the last five elections, notwithstanding his short-lived absorption into Moi’s KANU government and party in 2001.

Finally, in more systemic terms, is the fact that Kenya lacks political parties that exist from one election to the next to which are attached contrasting policies relating to issues that matter to voters and that are fairly consistent over time. In “advanced” countries, such parties are often organized around policies related to such issues as taxation and its application to inequality, or the level of government penetration into private lives. In Kenya, though, the “choice” of candidates, even when belonging to different parties, tends to fall back onto perceptions of their personalities and identities (including but not limited to their ethnic groups), as well as onto voters’ feelings about the status quo and the conviction (or hope!) that one or the other candidate will do more to change things for the better.

The impact of education on the inclination or ability to make a decision about one’s presidential vote is significant.

At the same time (and as is often the case in “established” democracies), some voters will seek to “punish” incumbents as a way of expressing their unhappiness with the status quo, rather than expressing confidence in any particular set of would-be leaders.

Given the above, with less than an entirely clear picture as to just “what” either William Ruto or Raila Odinga represents in terms of what Kenya would be like after five years of having either of them at State House, it seems of little surprise that the “undecideds”—and those who admit to having changed their voting intentions within just the last seven months—are as numerous as the research has revealed.

But with only a few hours remaining until “judgment day”, the “mystery” of just how they will use their votes will soon be resolved, with this group of voters very likely to make the difference—assuming they actually get to their polling stations on 9 August. For as has been pointed out, try as they might, they will not find “undecided” as a vote option in the list of presidential options, nor in those for any of the other five offices to be filled.

Let us now consider some additional issues.

Five + two poll comparison: Third horse exit and some integrity questions

To no surprise, there has been a flurry of surveys conducted and released in the last several weeks, with two firms—TIFA and Infotrak—doing this twice during this period, as shown in this table:

Firms Sample Size: Margin of Error Survey Dates/ Method Ruto  Odinga Wajackoyah/ Waihiga Undecided/

NR

TIFA 2,056: +/-2.2% 21-26 July Household 44% 47% 2% 7%
Nation (Infotrak) 2,400: +/-2% 30 July-1 Aug.

CATI

41% 49% 2% 7%
Radio Africa 3,000: +/-1.8% 20-27 July

CATI

45% 44% 2% 9%
Ipsos 6,105: +/-1.8% 23-26 July

Household

41% 47% 3% 4%
Infotrak* 6,000: +/-1.3% 1-2 Aug.

CATI

42% 49% 2% 7%
TIFA 2,268: +/-2.1% 31 July-1 Aug.

CATI

41% 49% 2% 8%
5 Survey Average
Previous 40% 44% 4% 11%
Current 42% 48% 2% 7%

*In releasing its previous Radio Africa poll a month ago, the Star announced that it would be releasing additional polls “every week between now and the election”, but only the one listed here has appeared.  The fact that this poll is the only one putting Ruto ahead of Odinga in the last two months also raised questions in some quarters<

** In its report, Infotrak shows the margin of error in this survey to be only +/-1%.

Several takeaways can be drawn from this “gaggle” of surveys.  First, Odinga’s margin over Ruto has increased significantly, even if the latter’s rating has also risen, both benefiting from a substantial increase of those stating they are “undecided” or simply refusing to answer the question, so that Odinga’s gain is not dependent on any Ruto loss.  Second, the drop in about half of expressed support for Wajakoyah (together with the failure of Waihiga to register any significant support) means that the prospect of a second round, run-off contest, has ebbed markedly. Indeed, whereas Odinga would just barely cross the first round win-threshold according to TIFA’s late July survey with 50.2 per cent (if the 7 per cent “undecideds” and “no response” are removed), barely a week later in the most recent of all these surveys, this figure rises to 53 per cent, with Ruto at 45 per cent. (The TIFA media Release for this most recent survey of the lot was the only one which included this calculation.) Third, of the six surveys, only the Radio Africa one puts Ruto ahead, but only by 1 per cent, and thus within the survey’s margin of error; nevertheless, this still constitutes its tagging as an “outlier”.  Fourth, even if CATI surveys may have a slight anti-Ruto bias (though that by Radio Africa appears to contradict this), it is clear that larger samples do not yield significantly different results, as discussed in a previous article in this series, even if larger samples allow for more “precision” at the sub-national level (as pointed out by David Ndii, see below).

‘Rogue’ or ‘fake’ pollsters

One issue that arose during a recent workshop in Naivasha on “The Media and Opinion Polls” organized by the Media Council of Kenya and that also came up at the IEBC pre-conference forum on the same subject held at KICC a few weeks later, was that of the appropriate response to the results released by “unknown”/unproven (or so-called “rogue”) pollsters. Unfortunately, no attempt was made to define what these terms mean. On occasion (and as I have mentioned in a previous Elephant piece), a pollster may appear “out of nowhere”, as was the case with the British firm, RealField, that in January released the results of a survey conducted the previous month, but has not been heard from since (even if some reports indicate it has been conducting internal polls for Azimio). Yet being a “newcomer” and thus lacking any (at least Kenyan) track-record does not necessarily mean it lacks integrity. This latter category could more genuinely include firms that release results wildly at odds with at least several other known ones with a history of fairly reliable results. At the same time, the term would more accurately apply to any firm that releases results from an actual survey that have been “doctored”, let alone those based on no survey at all. Unfortunately, for whatever reasons, the professional body to which most “reputable”/established firms belong, the Market Survey Association of Kenya—MSRA—appears to make at most minimal efforts to internally query significantly contrasting results of its members. It is thus largely left to the media to decide whether the results from any particular firm warrant publication or broadcast.

The results from two firms that raised some eyebrows after their results were released recently are the following:

Firms Sample Size/ Margin-of-Error Survey Dates/ Method Ruto  Odinga Wajackoyah/ Waihiga Undecided/

NR

CAP 8,355

+/-1.5%

21-26 July Household 45% 52% 2% 7%
IRS 29,857/

+/-1%

23-28 July

SMS

53% 43% 1% 3%

In this connection, at the second of the above workshops, I expressed my disagreement with several other panellists with regard to whether survey results from such “rogue”—or unknown/”out-of-nowhere”—pollsters should reach the public through the mainstream media, however much they deviate from those of the “mainstream” firms.  Whereas others felt that they should be ignored entirely, I suggested that this was a mistake, based on faith (or hope!) that scrutiny would do more to limit their influence than silence, given the increasing use of social media to spread such “misinformation” far and wide. The key issue for me is just how they should be covered. In general, there are three options. One is neutrality, so that their results and methodological details are simply treated as “news”.  Another is to interrogate them, in part by comparing them with other “mainstream” findings, so as to (indirectly but clearly) raise questions about their credibility (assuming they deviate substantially from the latter—which they invariably do). And a third option is to do this, but with an added “pinch” of interrogation (or even ridicule) about the possible motive(s) behind them, including questioning whether any interviews were actually conducted. Such questioning could be accompanied by any information gleaned from communication with those involved in such polls. A place to start with such interrogation is to (at least) report their level of compliance with the “Publication of Electoral Opinion Polls Act” of 2012. Taking these two “outsider” polls, they violate the Act in several respects.

Such “confusion” may stem from the fact that Odinga and Ruto have largely exchanged their political “clothing”.

To begin with, the media release from the Centre for African Progress included no physical address (although their company profile can be located via the Bloomberg News website).  It also claims that the survey “is funded by an endowment fund that it shares with other similar entities around the world”, but the actual identity of this “fund” is not revealed. (The document also claims to be “the only researcher that correctly predicted Kenya’s polls in 2017”, which is false; Ipsos’ final 2017 survey showed Uhuru-Ruto defeated Odinga-Musyoka 52 per cent to 48 per cent.)

As for Intel Research Solutions poll, the most obvious violations are the failure to identify “the sponsor of the poll” and its address, as well as the address of the organization itself although it does have a website. (According to one journalist who attended the public release of the survey at the Panafric Hotel, when asked who paid for it, IRS’s CEO, Karen Mwangi, said that it was funded by “EU donors”, but a source at the EU subsequently assured me that the EU “had nothing to do with it.”)  Further, the release is silent on “the education level of the participants” even though it is still unclear why the Act requires declaration of this specific demographic variable and not others. In addition, and while not a violation per se, a closer look at the distribution of the poll’s massive sample reveals some strange anomalies. For example, a fairly populous county such as Embu with over 309,000 registered voters had a sample of 608, while two other counties with far fewer registered voters—Taita Taveta and Isiolo, with around 156,000 and 75,000, respectively—had far more respondents (679 and 682, respectively). The heavily populated Kiambu with nearly 1.3 million voters also had only 605 respondents. Such mismatches would inevitably lead to incomparable results in terms of the margins of errors for such counties.

Whether anyone would bother to seek “legal redress” for such violations seems very unlikely, but they could (or rather, should) be included in any media coverage—having given the Management of those firms every opportunity to explain these failings, of course.

Achieving 50 per cent + 1: Misinterpreting the undecideds

One common error in media reporting of recent survey results relates to the impact of the “undecideds”.  As shown above, none of the mainstream pollsters (TIFA, Radio Africa, Infotrak and “out of nowhere” —after more than three years of silence—Ipsos), show any candidate with more than the 50 per cent + 1 votes needed for a clear win on 9 August, the most recent total average (of the four firms shown above) being 48 per cent. The most visible error is to (evidently) assume that the remaining percentages for “undecided” together with “no response” won’t “vanish” when ballots are actually cast, since these two options will appear nowhere on the presidential “menu”.

For example, reporting the results of Radio Africa’s final pre-election survey in the Star at the start of last week, Bosco Marita stated that with Ruto at 45 per cent and Raila at 44 per cent, “neither of two presidential frontrunners would win on the first round on August 9”.  Likewise, Infotrak’s CEO, Angela Ambitho, added some confusion when she offered that “If most of the undecided vote for Raila he would win on the first round, but realistically I do not think they will all move to one candidate.”

Yet a closer look at the Radio Africa poll reveals that such a first round win by either of the top two candidates is actually very likely. This involves first removing 270 respondents who claimed to be “undecided” from the calculation. When their numbers are then re-calculated, Ruto has 49.5 per cent, Raila has 48.4 per cent, and Wajackoyah has 2.2 per cent, and with a margin of error of +/-1.9 per cent (slightly higher than the +/-1.8 per cent reported by the Star, since the calculation is based on a smaller number of respondents who named a candidate: 2,730 rather than the total sample of 3,000). Moreover, it seems highly unlikely that among all the “undecideds” who eventually do vote, their votes would be split equally between Ruto and Raila, thus giving one or the other of them the margin of victory. As noted above, the DP, at least according to the polls, has been winning over more those who had initially been within the category.

Some voters will seek to “punish” incumbents as a way of expressing their unhappiness with the status quo.

Indeed, among the final polls released from the four (mainstream) polling agencies, only TIFA offered such a calculation (i.e., with the “undecideds” removed). It showed that while without removing the 7 per cent of those “undecided” and those who did not respond to the “no responses”, Raila, despite enjoying an 8-point lead, fails to get over the 50 per cent + 1 hurdle (48 per cent to 41 per cent); when that 7 per cent is removed, he does easily, with 53 per cent as against Ruto’s 45 per cent.

But as explained above, any effort to explore these “undecided” respondents is to question the “honesty” of at least some of them. Further, and where I do agree with Angela Ambitho, is that among those who do turn out to vote, they are unlikely to all move in the same direction, even if some of them who do may indeed deliberately spoil their presidential ballots or even leave them blank (being insufficiently enamoured of any of the four candidates and their running mates), thereby raising the percentage totals among those who do vote by reducing the “denominator” against which such calculations are made. (And recall here one of the 2013 Supreme Court judgments that “invalid votes” must be excluded from the total number used for such calculations.)

Media coverage and the act

Another aspect of polling during this electoral cycle has been the impact of the Publication of Electoral Opinion Polls Act (2012).  As noted above, several firms have released survey results during this twelve-month period prior to an election during which the Act applies, apparently without any criminal repercussions. (Conviction under the Act invites punishment of about to Sh1 million and one year in prison.) The most relevant part of the Act for this discussion is the ban it imposes on the publication of any election-related results within the five-day period preceding an election, meaning that the last day for doing so was Wednesday, 3 August, although only TIFA released such results on this final day. While they were covered (with interpretation) in an article in the Standard (which included several of TIFA’s graphics) and were included in midday and evening news bulletins by (at least) KBC and NTV, no stories about them appeared in the Nation or the Star on Thursday. While it is unclear whether this was due to an interpretation (correct or otherwise) that the Act prohibits the reporting of such polls within the proscribed five-day period even if they had been released prior to it, a source at Citizen-TV informed me that, based on “legal advice”, such content could not be included in their Sunday evening news “State of the Race” segment which hitherto had provided details of all polls released in the preceding week.  Presumably, such caution is based on an assumption that at least some viewers (however few in number) would be learning of such results for the first time, even if they had been in the public domain earlier. On other hand, political editors at NTV and the Standard indicated that their “legal advice” was of a contrary nature, evidently based on an interpretation that the law applies only to a poll’s initial release. Whether such differences of interpretation will eventually invite an effort to clarify the Act remains to be seen.

The importance of the election by elective office

Another finding relevant to voters’ choice as they enter their polling stations was obtained in TIFA’s final (CATI) pre-election survey. The question (apparently never previously included in any Kenyan survey) asked respondents to identify, among the six positions to be filled on 9 August, which one they consider the “most” and “least” important. Given the media’s overwhelming attention on the presidential race, it came as a surprise that more respondents did not attribute more importance to it.  As shown, it is in a statistical tie with the position of governor, and nearly twice as many respondents ranked their vote for MCA as “most important” as did those who indicated the same for their MP.

Elective Seat Considered Most and Least Important
While such ratings may support the argument that devolution has at least partly diluted the “do or die” competition for the presidency, they certainly raise the question as to how much these non-presidential races affect the motivation to vote altogether.

A Pre-post-mortem on the polls: Shoddy sampling, late-hour “bandwagons”, and other factors

One question asked increasingly as election day approaches is: “How will you pollsters defend yourselves if the actual (presidential) results prove you wrong?”

To begin with, it is important to correct Steve Otieno writing in last Wednesday’s Nation, when he began by asserting “The pollsters largely got it wrong in the past two elections when they showed ODM leader Raila Odinga in the lead only for President Kenyatta to be declared winner.”  In the final pre-election survey released by Ipsos (where I was then working), Kenyatta led Odinga 52 per cent to 48 per cent. So even if the official result was 54 per cent to 45 per cent, the Ipsos results were certainly not “all wrong”.  He also states that “a similar event happened in 2013”, when “in none of the polls did Mr Kenyatta’s popularity cross Mr Odinga’s even though both of them never passed the 50 per cent hallmark”.  In fact, the final Ipsos poll had UhuRuto at 44.8 per cent and Odinga/Kalonzo at 44.4 per cent. True, it showed that neither could reach 50 per cent, but it should be recalled that some 800 pages of ODM’s evidence meant to accompany its Supreme Court petition-challenge were excluded due to “late filing”.  Moreover, a national exit poll (implemented by a group of Kenyan and expatriate academics and published the following year) confirmed the findings of Ipsos: that neither had reached 50 per cent. So perhaps Otieno should do more fact-checking before trashing pollsters.

Whatever the case, can pollsters sometimes “get it wrong”?  Of course, such an argument would first have to precisely define what “wrong” means.  Specifically, is it mainly a question of who is announced as the winner, or how great the margin between the polls and the official numbers (assuming they are credible) is regardless of who wins?

In a TV discussion about the accuracy of such polls last week, David Ndii argued that a key weakness in the work of most Kenyan pollsters is sampling, even if it is based on IEBC’s distribution of registered voters, since it does not sufficiently match (the eventual) voter turnout, which is certain to vary across the country. This is a valid argument, although he would have to agree that given the absence of a (main) Kikuyu presidential candidate, and the presence of members of this community as running mates, previous turnout variations may not be a very precise guide for this election. So just which turnout projections should be used?

Whether anyone would bother to seek “legal redress” for such violations seems very unlikely.

At the same time, it is strange that Ndii appeared so uncomfortable with these polls showing Odinga leading, since he also claimed that “our internal polls show the opposite”. Unless he, too, believes in this “bandwagon” effect, it seems such “incorrect” polls would help Kenya Kwanza win by giving Azimio a false sense of confidence which would likely lead to reduced voter turnout among Azimio supporters, either because of “laziness” in mobilizing pro-Azimio voters on 9 August, or insufficient motivation among such voters due to overconfidence (both of which determined the result in the Msambweni by-election, as recalled below).

(One frustrating aspect of the entire discussion was that at no point was any attention given to the challenges the media sometimes faces in interpreting survey results, and even deciding whether to publish/broadcast them, as indicated above. Nor was the question raised at to the contribution, or otherwise, of these polls to Kenya’s democracy, whether they be internal/confidential ones conducted and analysed by campaign teams or those made public so as to allow voters to make more realistic choices, or be influenced by them.)

Another potential factor—that everyone says they hope will not occur—is “flawed” results, although in order for it to be taken into account in explaining a significant variance from the polls, it would be necessary to verify that such “rigging” did indeed take place and at what magnitude—not an easy task.

Still another would be any significant movement in voting intentions between the final polls and election day. While it is generally agreed that nearly all voters have usually made up their minds by this time, last-minute “waves” can occur, nonetheless.  For example, Peter Kagwanja, speaking on another TV panel show a few days ago, said that Odinga’s “numbers” in Mt. Kenya will increase dramatically in the final days, since “what matters most to our people, especially in this situation where we don’t have our own presidential candidate, is to be with the winner so that we will be as close as possible to Government”. (This also constitutes an interesting hypothesis that once elected, whoever controls the Executive branch will pay more attention to the needs of those areas/communities that voted for the winning pair than to those of other parts of the country.)  In this regard, he noted that nearly all recent (credible) polls showed Odinga-Karua opening up a greater gap between them and Ruto-Gachagua, so that this “bandwagon” effect is bound to materialize, thus making even such final polls look inaccurate.

One recent survey finding by TIFA (in its late July household survey, and published exclusively in the Standard) is that a significant proportion of respondents (13 per cent, as noted, all claiming to be registered voters) reported that they had changed their voting intentions since the start of the year. The following chart shows how these respondents changed.

Change in Presidential Voting Intention Since Start of 2022
Taking just those who moved from being “undecided” to supporting any candidate together with those who changed from one candidate to another (but excluding those who changed from supporting any candidate to being “undecided” now) —who comprise two-thirds of all those who reported some voting intention changes—just a handful (4 per cent) said they did so due to opinion polls, as compared with nearly half who cited policy-promises/manifesto content and another quarter who mentioned either “influence of other people” or “choice of running mate”:

Main Reason for Changing Preferred Presidential Candidate
True, among this “handful”, near twice as many say they now intend to vote for Odinga than for Ruto, but this is hardly a sufficient number to talk about any significant “bandwagon” effect, at least from polls.

Yet a closer look at the Radio Africa poll reveals that such a first round win by either of the top two candidates is actually very likely.

Still, the belief in this effect is clearly very widespread. Ever since the Deputy President was overtaken in most of the polls by the former Prime Minister, he and his associates have bashed them, often by alleging they were part of the “System’s” efforts to ensure an Odinga win. For his part, Senator Kipchumba Murkomen asserted in a recent TV discussion that “Odinga was leading in an Ipsos poll just a few months before the 2017 election, yet he lost”, although a review of the record reveals that at no time before that election did any Ipsos survey report any such thing.  Whether Murkomen’s statement was deliberate or a consequence of a faulty memory is unclear, but the point is that polls—especially those from the more “established” firms that show one’s preferred candidate trailing, invariably cause discomfort. On the opposite side, Karanja Kibicho, CS for Internal Security, was shown in a 2 June news broadcast saying that Azimio had the support of 60 per cent of Kenyans, according to an unnamed survey, although Ruto was then shown refuting this, claiming that he still has personal access to such National Intelligence data, which showed that he was leading “by 8 per cent”. He also dismissed other unnamed polls not showing him in the lead as falsified.

(It is also said that Kenya Kwanza/UDA had been conducting its own surveys, under the “expert guidance” of the former Energy CS, Davis Chirchir. However, some time ago, a UDA candidate approached TIFA to ask for a quote for a survey in his constituency, although he subsequently reported that he was told “not engage any local firms”, but was not given any alternative.)

At the same time, I received an e-mail message from a UDA stalwart a few weeks ago asking for my opinion about survey results that had just been released by one of these “non-mainstream” survey firms showing the Deputy President with a comfortable lead, as she wanted to know whether I consider their work reliable. When I told her I did not, and gave my reasons, she replied,

“I suspected as much; it seemed that they are just a random pollster trying to make a name by saying Ruto will win. A bit opportunistic. And none of the main media houses carried it, so I guess it flunked. These are the ones who need to be called out.”

At least in this case then, and whatever politicians say in public, there is clearly a sober need to know which poll results can be trusted, at least in terms of not being driven by any partisan or personal agenda.

However influential (or otherwise) such a “bandwagon” effect, some have argued that these polls have substantially underestimated Ruto’s eventual numbers, given the current president’s overt opposition to his ambitions. That is, they say that a significant number of survey respondents will be too “shy” to reveal their intentions to vote for the de facto “opposition”, by saying either that they are “undecided”, or even that they will vote for Odinga. This argument is somewhat similar to that offered by many analysts in the US as to why Donald Trump’s numbers were higher than what he received from pollsters in both of the last two elections, but especially in 2016. But in this case, it seems the main weakness was that too few of his voters were interviewed in the first place, since Trump himself had frequently trashed them, as well as the motives of those conducting them. In addition, post-2016 research revealed that a significant proportion of women who were interviewed live (in phone calls) were reluctant to reveal their pro-Trump intentions due to his history of sexual molestation and rhetoric, whereas in automated (non-live) survey calls, more women with the same demographic profile named Trump as the recipient of their forthcoming votes. Since all polls in Kenya are conducted “live” by phone or in person (aside from a few SMS polls that have their own problems), whether this kind of reluctance to reveal one’s choice (generally known as “the Bradley effect”) will be evident when the official results can be compared with those of the final polls remains to be seen, but a surprise Ruto win—perhaps at least in part based on a further move of a majority of the “undecideds” in his direction (and shown above)—would certainly invite scrutiny of this nature.

The Proof of the pudding: Voter turnout, last minute surprises, and election integrity

However, the most widely recognized and probable cause for such contrasts between final polls and the official results is voter turnout. As suggested above, making any such predictions based on past elections is challenging. However, it seems that turnout in Kenya is based on a combination of individual motivation and community (and/or political party/campaign team) mobilization. The latter factor raises the question as to which side will be more successful in doing so. Here, as discussed in my third piece for The Elephant, two surveys conducted in Msambweni before the December 2020 parliamentary by-election there (by Radio Africa and TIFA) both found the ODM candidate, Omar Boga, leading the independent (but UDA-backed) candidate, Feisal Bader, by around 20 per cent, yet he lost by nearly that much. With only 40 per cent turnout, it was clear that the Bader campaign was far more effective in getting his supporters to the polls. With turnout in Kenya’s general elections usually above 70 per cent (although the exact figure has varied considerably), such a dramatic “turnout advantage” is far less likely, but given the high numbers of registered voters in certain areas—starting, perhaps, around Mt. Kenya with some 5 million out of a national total of 22.1 million—this factor could well compensate for the current Odinga-Ruto margin, especially if combined with some level of reticence on the part of the latter’s supporters to reveal their voting intentions, as noted above.

Any effort to explore these “undecided” respondents is to question the “honesty” of at least some of them.

One additional factor that could “pollute” analyses that compare these final pre-election polls with the official results is the anticipated judgment on Monday—just a day before the election – that will determine whether the case filed by “a group of activists” at the Constitutional and Human Rights Division of the High Court a week ago seeking to prevent Rigathi Gachagua, Johnson Sakaja and twelve others from being sworn in should they win their respective contests (excluding out-going Governor Okoth Obado) on the grounds that they are facing criminal investigation for various forms of corruption, with reference to the integrity provisions of Chapter Six of the Constitution. Assuming the case is allowed to proceed, it is not possible to predict—or perhaps even gauge after the affect—its impact on the presidential outcome, but it seems inevitable that it would have some.

Finally, with specific regard to individual motivation, it might be asked: will Ruto gain more from the distress so many Kenyans have felt about current economic conditions for most of which the Kenya Kwanza “brigade” blame the Uhuru-Raila “handshake”, combined with a determination to “punish” the president for opposing his deputy, without whose assistance as a running-mate he probably could never have ascended to power? Or will Raila gain more from a combination of a “bandwagon” effect, combined with an admiration of his past struggles and suffering for the sake of better “governance”, with such credentials evidently buttressed by the choice of Karua as his would-be deputy?

The actual results of the election cannot themselves answer such questions fully, but together with sufficient post-election research of both a qualitative and quantitative nature—all elements of psephology (the study of elections) —they should provide an understanding of their salience and interaction than we have now, but again, depending upon whether the official results are without any (verifiable) credibility deficit, a scenario that both sides in this contest have vociferously championed.

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Dr Wolf is a research consultant currently associated with TIF Research in Nairobi. He has written this piece in his personal capacity.

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The Blind Spot: A Graphic Novel on Food Security and Farmers’ Rights

Chief Nyamweya shines a light on the central issues of food security and the welfare of smallholder farmers in Kenya.

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The Blind Spot: A Graphic Novel on Food Security and Farmers’ Rights
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Some time back in May 2020, an incident occurred in Mombasa that stunned the nation. The Daily Nation reported a story of a Kisauni widow who was forced to boil stones to give her children false hope that she had some food for them. The story sent shockwaves across the country and ignited a conversation about the magnitude of the hunger plaguing Kenyan households.

The story of Peninah Kitsao is not an isolated incident. All over the country, ordinary Kenyans are struggling to put food on the table due to biting inflation that has seen commodity prices soar to nearly unaffordable levels. Failed rains and a drought of a severity never witnessed before in the history of the country, especially in northern Kenya, have worsened a dire situation.

Interventions by state and non-state actors have arguably not been enough as there have been reports from certain parts, such as Samburu, of people drinking dirty water and eating dog meat to survive. The country is essentially in a deep hole. Coupled with the drying up of the rivers and lakes that used to serve vulnerable communities, it is safe to say that the government and other agencies have had blind spots in dealing with the situation.

Route to Food Initiative’s graphic novel The Blind Spot, which is written and illustrated by Chief Nyamweya, should be read against the backdrop of some of these startling developments. The work of committed art is to expose the ills in society, not just by dropping popular catchphrases and revolutionary slogans, but by disturbing the conscience of the nation. Such works of art are expected to put us on track for what needs to be done to set things right.

That’s exactly what Nyamweya’s comic offering is all about.

Worrying policy gaps

The central issues of food security and the welfare of smallholder farmers shine throughout the slim graphic novel, bringing into sharp focus policy gaps and a lack of commitment from leaders to correct the mistakes of the past.

The visual narrative opens with a protest by Kajibora residents and farmers at the Kajibora County Hall. Chanting outside the county governor’s residence, the agitated crowd demands justice for one of their own, Karisa, who has committed suicide after auctioneers sell his land to recover an unpaid debt.

The protest also provides the space and opportunity for the residents and farmers to demand “lower prices on food, better quality food and enhanced protection of Kenya’s ecosystems [and] land reforms.” Demonstrations are not new in the country; with livelihoods threatened by forces beyond their control even as the national and county governments drag their feet to alleviate the suffering, it is inevitable that ordinary people would take such drastic measures.

The Mzee Maona-led Jembe Revolution calls on Governor Nyoni to deal with food insecurity as a human rights issue and to protect smallholder farmers from predatory multinationals. The corporations are often accused of exploitation through the introduction of harmful production methods and industrial processes that threaten biodiversity.

The fictionalised revolution echoes the vigorous pushback by various stakeholders, including farmers, politicians and ordinary Kenyans, who have questioned the government’s proposal to introduce genetically modified foods.

While those in support of the introduction of genetically modified organisms (GMOs) into the country have a valid argument that Kenya and the continent at large are dealing with a serious food crisis that needs never-before-tested solutions, those against them argue that farmers and consumers are likely to suffer. This is because there are growing fears that the multinationals that distribute GM seeds will have the monopoly to dictate to farmers which seeds to use, and the scenario is likely to deny them the agency to produce food on their own terms and according to their preferences.

Putting Western interests first

In other words, the prioritisation of Western interests, as it often emerges in Nyamweya’s narrative, where the governor is accused of focusing on “the large scale production of a few food crops and protecting the interests of big agribusiness”, is a reality that policymakers will have to contend with to effectively address the issue of food security in the country.

A DW documentary titled Africa, GMOs and Western Interests, which aired two months ago, revealed the hidden hand of philanthropists such as Bill Gates, through the Bill & Melinda Gates Foundation, in pushing for the introduction of GMOs in select African countries to benefit private businesses in the West. Therefore, when Kajibora farmers and residents, through their Chama cha Wakulima (CCW) party, wave a placard reading SAVE OUR SEEDS, they are not expressing a grievance coming from without but a genuine fear born out of the reality that, on the one hand, the forces of globalisation are unavoidable (food production systems and the overall supply chain can never only be local) and on the other, the reality of the weak political system that hardly prioritises the interests of its citizens, least of all smallholder farmers.

To give credit where it is due, President William Ruto’s introduction of the fertiliser subsidy is likely to be a game changer for a majority of farmers who are unable to afford the essential commodity. The subsidised fertiliser is retailing at KSh3,500 for a 50kg bag, down from KSh6,000. The use of technology for registration (farmers use their phones) will also help eliminate red tape and corruption and thus improve efficiency in distribution, which is key to the timely use of the fertiliser to boost yields.

The cries and anxieties of the Kajibora farmers take a dramatic twist following the death of Mzee Maona when CCW is wracked by fissures as various members pull in different directions. As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues—such as sustainable agriculture for the farmers—that define the party’s agenda become a footnote. Instead, the so-called ideological differences (a euphemism for selfish interests) erupt during the requiem mass for Maona when party members engage in a vicious fistfight before the bereaved mourners.

Enter the scions of Mzee Maona, Sifa and Yona—highly educated, exposed and polished but with contrastingly opposing views on how to reimagine the patriarch’s vision of putting the farmers’ agenda first—and the narrative is set for a fascinating climax.

What emerges from the troubled relationship between Sifa, a professor, and Yona, now an aspiring Kajibora governor, are the intra-generational tensions of how to approach the pressures and complicated issues that have become synonymous with modern living. This is especially true when it comes to championing the rights of ordinary people such as farmers.

As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues that defined the party’s agenda become a footnote.

Sifa is distrustful of the political process for fixing societal issues. She is an advocate of fighting for human rights from outside the political process since, in politics, you “promise the people paradise while only delivering paperwork”. While her worldview is sometimes abstract and detached and elitist, she deserves credit for not losing focus on the immediate priorities that should be urgently addressed to make life better for small-scale farmers.

Yona, on the other hand, styles himself as a pragmatist and realist who is in touch with what is happening on the ground but comes across as vain, selfish and arrogant. He is a perfect representative of Kenya’s political class for whom governance is about foreign investment, rather than the people. He says that “a key part [of his] job as governor will be to attract investment to Kajibora”. This includes doing the bidding of multinationals like Green Shots Corporation, which is accused of controlling the food prices and the supply chains that are vital to farmers and consumers.

The role of the youth

However, what is poignant in the clash between Mzee Maona’s two grandchildren is the involvement of the youth—whether for good or bad—in debating the issues of food security and fair agricultural policies. While their approaches are often different, there is a genuine concern and passion that, in real life, should be encouraged and even rewarded.

Statistics indicate that the average age of the Kenyan farmer is 61 years. A revival of the 4K Clubs that were the craze in the 1990s under the 8-4-4 education system has been mooted as a way to entice young people to return to the soil. These are noble interventions that are likely to boost agricultural output since the youthful population is not just energetic enough to take up the challenge but also because modern farming involves access to the right information which a tech-savvy generation can exploit in this digital age.

When Dalili, a member of the CCW and a former close ally of Mzee Maona, encourages Sifa to join them on the anniversary of Jembe Day commemorating the revolt of Kajibora farmers and residents, she is essentially signalling a new way of addressing food insecurity. She tells Sifa that “our youth need to see where it all started”. The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.

More importantly, sustainable agriculture has the potential to create jobs for thousands of jobless youth unable to secure the increasingly elusive white-collar jobs. According to the November 2022 Agriculture Sector Survey, the industry “employs over 40 percent of the total population and more than 70 percent of the rural populace”. This is a significant figure that is likely to increase even more if the youth are given the incentive to join forces in the overall agricultural production process.

Missing voices 

Nyamweya’s only shortcoming is the exclusion of the voices of ordinary farmers from the entire narrative. As is characteristic of top-down policies, and unlike the bottom-up approach, there is a tendency to speak on behalf of the masses, to pretend to know what is best for them. A majority of the characters in the text speak of the “right” agricultural policies and approaches that need to be adopted to boost yields and food security. However, ironically, they behave like the multinationals that often impose their decisions on farmers without taking their views.

The approach is fraught with its own blind spots, not just because it is condescending to the farmers—those who are directly affected—but also because it poses the risk of aggravating an already bad situation. Talking about revolutions and uprisings is not enough to effectively transform the agricultural sector, even if the calls are to rid it of the cartels and the brokers present along the production chain.

Also, an erudite knowledge of the politics of food and the manipulation by multinationals cannot replace the basic principle that the farmer has to, first and foremost, speak for himself or herself. Does the farmer want to experiment with other seeds? Is the farmer only interested in the large-scale cultivation of staple foods? Is the farmer comfortable with the multinationals? What exactly is in the farmer’s mind? It is not always necessary that all foreign players that intervene in formulating agricultural policies have ulterior motives. One Acre Fund, an organisation founded by a non-Kenyan, has significantly helped smallholder farmers in western Kenya boost their farm output through the use of the right seeds and agricultural techniques and methods. I have seen this first-hand.

The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.

However, despite the aforementioned shortcomings, Nyamweya’s artistic intervention cannot be downplayed. The issue of food security cannot be left to politicians and policymakers alone. This is not just because food is a basic need, but because a healthy and productive nation has the potential to improve the life expectancy and of children afflicted by malnutrition.

More importantly, a visual narrative approach is a welcome addition to a radical way of acknowledging the enormous capacity of art to surprise and reimagine how to deal with the existential anxieties of our time, such as food insecurity, climate change-induced drought and destruction of biodiversity. It is also a wake-up call to leaders, policymakers and other stakeholders that the conventional way of dealing with the challenges affecting farmers might have to change. Nyamweya’s book is a must-read for everyone who cares deeply about the future of our country and the coming generations.

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Queer Lawfare in Africa – Legal Strategies in Contexts of LGBTIQ+ Criminalisation and Politicisation

The concept of lawfare, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas.

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Queer Lawfare in Africa – Legal Strategies in Contexts of LGBTIQ+ Criminalisation and Politicisation
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The Supreme Court of India is anticipated to conduct hearings and deliver judgments in some important issues concerning the LGBTQIA+ community- ranging from the constitutionality of the blood donation guidelines that discriminate persons based on sexual orientation and gender identity to petitions on marriage equality (under both the Special Marriage Act and the Hindu Marriage Act). In this context, the book Queer Lawfare in Africa, edited by Adrian Jjuuko, Siri Gloppen, Alan Msosa and Frans Viljoen makes for a relevant and compelling read.

Queer Lawfare, according to the authors, is a strategy where rights and/ or laws are tactically employed to advance politically contested goals with regards to the rights of the LGBTQIA+ community. In the words of Siri Gloppen, Adrian Jjuuko, Frans Viljoen, Alan Msosa, the term “lawfare” used in the book describes the following:

The concept of lawfare, as used in this book, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas. While sometimes associated with the misuse of law for political ends, ‘lawfare’ is here used as a descriptive, analytical term, de-linked from (the perceived) worthy-ness of the goal. The association with warfare is intentional and important: these are ongoing ‘wars’, with hard ideological cleavages and iterative battles. They are typically fought on several fronts and the contestants on each side have long term goals that they seek to advance by way of incremental tactics, often responding to, or anticipating their opponents’ moves, as well as other aspects of their (always potentially shifting) opportunity structure.

The book looks into queer lawfare in thirteen African nations- South Africa, Mozambique, Kenya, Botswana, Uganda, Malawi, Nigeria, Zambia, Ghana, Senegal, Gambia, Ethiopia and Sudan. Much like India, a lot of the nations discussed in the book had a criminal provision very similar to section 377 of the Indian Penal Code (before it was read down by the Supreme Court in Navtej Johar v. Union of India). Thereby, in many of these nations decriminalisation of sexual intercourse between consenting adults- irrespective of their sexual orientation or gender identity became (and in some countries still is) one of the first major goals of queer lawfare.

In some of the countries discussed in the book (particularly in those where queer lawfare has led to realisation of substantial legal gains for the LGBTQIA+ community), the movement started with seemingly neutral rights battles which intersected with discrimination law for instance, the right to association. The right to association cases in queer lawfare majorly consist of organisations or coalitions- established with the aim of further LGBTQIA+ rights- challenging the decision of the government to disallow their registration (set in a legal context where homosexuality is criminalised). In Botswana, such a challenge was decided in favour of the LGBT organisation, Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) by the Court of Appeal (see also, the recent judgment of the Supreme Court of Kenya). In Mozambique on the other hand, the Mozambican Association for the Defence of Sexual Minorities (LAMBDA) operates under a feminist umbrella organisation since it is not legally registered and as a natural corollary, the queer lawfare is influenced much by the strategies used by the feminist movement.

The book also refreshingly looks into the social contexts of each nation and discusses how despite LGBTQ+ movements sharing the same vision of emancipation, the means employed to achieve the end varies depending on social and political contexts in different countries. It also subtly gets across the point that there is ‘no one size fits all’ solution when it comes to queer lawfare. It discusses the different stages at which queer lawfare is in and how it varies from country to country- from South Africa where giant strides have been made in the judicial sphere to Ethiopia where ‘online lawfare’ is more prevalent due to which there is an absence of a significant progressive legal change.

As the marriage equality petition is listed for hearing before the Supreme Court of India is being heard by the Supreme Court of India, the chapter on queer lawfare in South Africa becomes particularly relevant. The landmark judgment of the Constitutional Court of South Africa in Minister of Home Affairs v. Fourie that recognised marriage equality notably held that the constitutional rights of persons cannot be undermined or be determined by the religious beliefs of some persons. In this judgment, Justice Albie Sachs read the words “or spouse” after the words “husband” and “wife”, into certain provisions of the Marriage Equality Act, 1961. As has been articulated by Jayna Kothari in this piece, the adoption of a similar strategy in the marriage equality proceedings before the Supreme Court of India is central to making the provisions of the Special Marriage Act (“SMA”) more inclusive. Reading in the words “of spouse” after the words “wife” and “husband” used in various provisions of the Special Marriage Act in India would allow persons irrespective of their sexual orientation or gender identity to get the reliefs conferred by the SMA ranging from solemnization of marriage to provision of alimony.

The chapter also confronts the challenge of limited judicial imagination while dealing with marriage equality and states that the judgment delivered by the Constitutional Court of South Africa (which was hailed as progressive) still caters to the gender binary vision- one where the institution of marriage is valourised and idea of a ‘permanent same-sex life partnership’ essentially contains the characteristics of a typical heterosexual marriage. The chapter also highlights how the ‘good homosexual’ visualised by the Constitutional Court is generally ‘a partnered middle class, if not upper middle class, man or woman who, in a country like South Africa where class continues to follow race, is almost invariably white’ thereby bringing to light the class and racial undertones underlying the legal recognition of such unions. In India, given that the institution of marriage is intrinsically tied into caste, property and patriarchy, it will remain to be seen how the Supreme Court will navigate through complex questions of intersectionality while adjudicating this case.

The book also makes a passing reference to the transnational impact of judgments on queer rights delivered by the Indian Supreme Court. For example, where submissions made before the Kenyan High Court in EG v. Attorney General and the high court decision in Botswana in Letsweletse Motshidiemang v Attorney General were influenced by the judgment of the Supreme Court of India in Navtej Johar v. Union of India. This also points out to the butterfly effect in progressive queer jurisprudence and the important role the constitutional courts in India have to fulfill in the days ahead.

Another important feature is that none of the chapters miss an opportunity to inform the readers about the perseverance and resilience of LGBTQIA+ organizations, coalitions and activists. It does the important work of documenting their role in shaping the legal destiny despite facing legal setbacks and risks of coercive action by the state. It is a fitting tribute to the indomitable spirit of the queer rights movement across the said nations in Africa to challenge the legal and political system, despite it being designed to fail them.

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Oromo Orthodox Split: A Collision Between Politics and Faith

The formation of the Oromo Orthodox Synod signals greater shifts that have been on the political horizon in Ethiopia for the last four years.

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Ethiopia has taken centre stage over the last four years, with a Nobel Peace Prize winning Prime Minister propelled to power by a four-year civil protest movement quickly leading the country into multiple internal war fronts. The last two years, in particular, have seen many begin to wonder if the Ethiopian state itself will survive the compounding conflicts, given that they are rooted in a tumultuous, contested, and violent past. The most recent and significant development in the tectonic shifts that have been breaking social and political ground in the country occurred on the 22nd of January 2023.

Three Oromo archbishops of the Ethiopian Orthodox Church announced the formation of an Oromo Orthodox Church Synod, with 26 patriarchs appointed to lead the synod across Oromia. In stark opposition to the new synod, a large number of Ethiopian Orthodox Church members, particularly those of an Amhara ethnic background, have been coming out in protest at the breaking up of the church, citing it as a violation beyond politics, and a breach of holy religious law.

The government, which has been supportive of the Oromo Synod has – in the manner in which it regularly responds to any expression of civil dissent – responded with state violence, shooting at protesters and, for a short while, shutting down the Internet and telecommunication services.

On the 13th of February, the Oromia Media Network reported that the new Synod is in the process of supporting the formation of synods of other national and ethnic identities, naming the Gambela, Gumuz, Sidama, Gurage, and Gamo as amongst those that will be forming their own Orthodox Church Synods in the near future.

Historical context

The Ethiopian Orthodox Church has existed since the 4th century and belongs to the broader body of Orthodox churches that include the Coptic, Syrian, and Armenian Orthodox churches, and the Syrian Orthodox Church of India. The liturgical language of the church is Ge’ez, a Semitic language originating from northern Ethiopia and Eritrea, with Amharic also being used in the church today. Orthodox believers make up approximately 30 per cent of Ethiopia’s population and Amharic, the language of the Amhara ethnic group who make up approximately 22 per cent of Ethiopia’s overall population, is the official working language of Ethiopia.

Language, and the social and political power that it comes with, is one of the reasons that supporters of the Oromo Orthodox Synod believe that this recent shift is necessary. Cultural marginalization has been the experience of the Oromo and other national and cultural groups in the country since the formation of the Ethiopian state in the 1800s, a formation that the Ethiopian Orthodox Church was instrumental in spearheading.

When Menelik II began his expeditions into the Oromia heartland with the intent of consolidating the new state of Ethiopia, the proponents of this project came across a people who lived, worked, and worshipped predominately in Afaan Oromo. In particular, they practiced Waaqeefatta, the monotheistic religion of the Oromo.

Cultural marginalization has been the experience of the Oromo and other national and cultural groups in the country since the formation of the Ethiopian state in the 1800s.

Even though the popular narrative is that Ethiopia was never colonized, one of the impacts that Menelik achieved with the support of the Showan Amhara conquerors who were armed by the West was the upheaval of Oromo religious, cultural and political practice. This was replaced by the church’s own religious beliefs, as they were considered the only way to effectively commune with God.

In Ethiopia, as in much of the world, religion has always had political undertones. Historical narratives recounting both Protestant Christianity and Islam being used by Oromos to counter the effects of cultural and political domination experienced through the combined efforts of the Orthodox Church and the Ethiopian state speak to these political undertones.

Is the split really unprecedented?

Politics pervades every aspect of life everywhere, and although we would like to think that spiritual matters are beyond politics, there is perhaps nothing as politically charged as the relationships religions have with people, with states, and with the desire for social change.

Schisms and splits that occur for political reasons are not a new phenomenon in the world of Orthodox Christianity. In the 17th century, a movement to establish religious uniformity between Greek and Russian Orthodox practice was met with resistance that eventually saw a split into “Old Believers” and the official Russian Orthodox Church.

The reason for the split was disagreement over the introduction into the Russian Orthodox Church of specific religious rituals that belong to the Greek Orthodox tradition. Although it began as a disagreement about religious protocol, it developed into a movement where different parts of Russian society began to voice dissent against the feudal order led by leaders in the church.

There are obvious and significant differences between the 17th-century Russian split and what Ethiopia is facing today, but in order to avoid viewing the split within the Ethiopian Orthodox Church as entirely unprecedented, we should see the formation of the Oromo Orthodox Synod in the larger context of movements that have taken place in the history of the church, whereby politics and faith have collided to create new institutions and communities.

Is this just about religion?

The formation of the Oromo Orthodox Synod has an impact on much more than just how people practice their faith. This event signals greater shifts that have been on the political horizon in Ethiopia for the last four years.

Opposition to the formation of the Oromo Orthodox Synod has been defined by language describing it as an affront to the church’s values of “oneness”; the full name of the church is the Ethiopian Orthodox Tewahedo Church, with the word “Tewahedo” meaning “to be made one” in the Amharic language.

The ideal of “oneness” or “unity” versus the reality has been at the heart of Ethiopia’s most critical political issues. The Ethiopian state has, in concert with the Ethiopian Orthodox Church, had a history of violently assimilating a deeply diverse people and, in the same breath, defining itself as a beacon of unity. What we must understand is that what might be a breach of oneness and unity for one people, is for another people an act of revolution and decolonization.

The solution to this crisis, in my opinion, is not for the formation of the Oromo or other prospective synods to be stopped. Instead, as I think is the solution to many of Ethiopia’s issues, people must be willing to hear stories from the other side of the political divide in order to better engage the social and political changes of the now, and of the future.

I think that this is just the beginning and that although separation, like all change, can cause confusion, grief, and uncertainty, it can sometimes be the boldest step we can take towards building a new social contract for togetherness, cohesion, and harmony.

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