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The Immediate and Underlying Causes and Consequences of Kenya’S Flawed Election

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The Immediate and Underlying Causes and Consequences of Kenya’S Flawed Election S. HRG. 110–610 THE IMMEDIATE AND UNDERLYING CAUSES AND CONSEQUENCES OF KENYA’S FLAWED ELECTION HEARING BEFORE THE SUBCOMMITTEE ON AFRICAN AFFAIRS OF THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS SECOND SESSION FEBRUARY 7, 2008 Printed for the use of the Committee on Foreign Relations ( Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html U.S. GOVERNMENT PRINTING OFFICE 45–361 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 11-MAY-2000 13:37 Nov 20, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 KENYA.TXT sforel1 PsN: sforel1 COMMITTEE ON FOREIGN RELATIONS JOSEPH R. BIDEN, JR., Delaware, Chairman CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska RUSSELL D. FEINGOLD, Wisconsin NORM COLEMAN, Minnesota BARBARA BOXER, California BOB CORKER, Tennessee BILL NELSON, Florida GEORGE V. VOINOVICH, Ohio BARACK OBAMA, Illinois LISA MURKOWSKI, Alaska ROBERT MENENDEZ, New Jersey JIM DEMINT, South Carolina BENJAMIN L. CARDIN, Maryland JOHNNY ISAKSON, Georgia ROBERT P. CASEY, JR., Pennsylvania DAVID VITTER, Louisiana JIM WEBB, Virginia JOHN BARRASSO, Wyoming ANTONY J. BLINKEN, Staff Director KENNETH A. MYERS, JR., Republican Staff Director SUBCOMMITTEE ON AFRICAN AFFAIRS RUSSELL D. FEINGOLD, Wisconsin, Chairman BILL NELSON, Florida JOHNNY ISAKSON, Georgia BARACK OBAMA, Illinois NORM COLEMAN, Minnesota BENJAMIN L. CARDIN, Maryland DAVID VITTER, Louisiana JIM WEBB, Virginia CHUCK HAGEL, Nebraska (II) VerDate 11-MAY-2000 13:37 Nov 20, 2008 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 KENYA.TXT sforel1 PsN: sforel1 CONTENTS Page Albin-Lackey, Chris, senior researcher, Africa Program, Human Rights Watch, Washington, DC ...................................................................................... 29 Prepared statement .......................................................................................... 31 Almquist, Katherine J., Assistant Administrator, Bureau for Africa, U.S. Agency for International Development, Washington, DC ................................. 9 Prepared statement .......................................................................................... 13 Barkan, Dr. Joel D., Africa Program, senior associate, Center for Strategic and International Studies, Washington, DC ...................................................... 40 Prepared statement .......................................................................................... 42 Cardin, Hon. Benjamin L., U.S. Senator from Maryland, opening statement ... 3 Prepared statement .......................................................................................... 4 Feingold, Hon. Russell D., U.S. Senator from Wisconsin, opening statement ... 1 Frazer, Hon. Jendayi, Assistant Secretary, Bureau of African Affairs, Depart- ment of State, Washington, DC .......................................................................... 5 Prepared statement .......................................................................................... 6 Mozersky, David, director, Horn of Africa Project, International Crisis Group, Washington, DC ................................................................................................... 46 Prepared statement .......................................................................................... 49 MATERIAL SUBMITTED FOR THE RECORD Testimony of Gregory Gottlier, Deputy Assistant Administrator, Bureau for Democracy, Conflict and Humanitarian Assistance, Department of State, Washington, DC—Before the House Subcommittee on Africa and Global Health of the Foreign Affairs Committee, Wednesday, February 6, 2008 ...... 68 Letter from Hon. Stephen Kalonzo Musyoka EGH MP, Vice President and Minister for Home Affairs, Republic of Kenya .................................................. 72 Prepared statement of Tavia Nyong’o, Assistant Professor of Performance Studies, New York University, New York, NY .................................................. 74 Prepared testimony of Charles Clements, M.D., M.P.H., CEO and president, Unitarian Universalist Service Committee (UUSC), Cambridge, MA ............. 74 ‘‘Kenyans for Peace’’ Position Paper ....................................................................... 77 ‘‘Breaking the Stalemate in Kenya’’ by Joel D. Barkan—January 8, 2008 ........ 78 ‘‘Too Close to Call: Why Kibaki Might Lose the 2007 Kenyan Election’’ by Joel D. Barkan ..................................................................................................... 81 ‘‘Kenya After Moi’’ by Joel D. Barkan .................................................................... 86 Orange Democratic Movement (ODM) Position Paper ......................................... 100 (III) VerDate 11-MAY-2000 13:37 Nov 20, 2008 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 KENYA.TXT sforel1 PsN: sforel1 VerDate 11-MAY-2000 13:37 Nov 20, 2008 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 KENYA.TXT sforel1 PsN: sforel1 THE IMMEDIATE AND UNDERLYING CAUSES AND CONSEQUENCES OF KENYA’S FLAWED ELECTION THURSDAY, FEBRUARY 7, 2008 U.S. SENATE, SUBCOMMITTEE ON AFRICAN AFFAIRS, COMMITTEE ON FOREIGN RELATIONS, Washington, DC. The subcommittee met, pursuant to notice, at 9:30 a.m., in room SD–419, Dirksen Senate Office Building, Hon. Russell D. Feingold, chairman of the subcommittee, presiding. Present: Senators Feingold, Bill Nelson, Cardin, and Lugar. OPENING STATEMENT OF HON. RUSSELL D. FEINGOLD, U.S. SENATOR FROM WISCONSIN Senator FEINGOLD. I would like to call the committee to order. Good morning, everybody. The hearing will come to order. And on behalf of the Senate Foreign Relations Committee Subcommittee on African Affairs, I welcome all of you to this hearing on the Im- mediate and Underlying Causes and Consequences of Kenya’s Flawed Election. I am honored to be joined in a little while, by my colleague and the ranking member of this subcommittee, Senator Sununu; and when he arrives, I’ll invite him to make some opening remarks. By now we’ve all seen the gruesome photos and heard the tragic stories of the brutal violence that has erupted throughout Kenya. Hopes were high in the runup to that country’s fourth multiparty elections held on December 27, and Kenyans actually turned out in record numbers to cast their votes in the extremely close race be- tween incumbent President Mwai Kibaki, and the leader of the op- position Orange Democratic Movement, Raila Odinga. Excitement at advancing Kenya’s democratic progress turned sour when results were delayed. Then, when Kenya’s Electoral Commission declared Kibaki the victor and proceeded to hurriedly swear him in 2 days later, that hope and excitement turned to rage as the world watched the entire democratic process begin to un- ravel and historical grievances gave way to outbreaks of brutal vio- lence that continue today. With volatile neighbors like Somalia and Ethiopia and Sudan, Kenya has often been considered relatively stable, and even a model of democratic and economic development in the region. Although even before this crisis the country was not without its problems, Kenya is an important partner for the United States. (1) VerDate 11-MAY-2000 13:37 Nov 20, 2008 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 KENYA.TXT sforel1 PsN: sforel1 2 But the lack of progress in addressing a number of deep-rooted problems, including political marginalization, land disputes, and endemic corruption, appear to have taken a toll. By many accounts, the situation in Kenya could still get much worse, and is beginning to have negative repercussions beyond its own borders. That is why it is essential that the United States and wider international community devote the necessary attention, as- sistance, and diplomatic pressure to help pull Kenya from the brink of disaster, and bring that country back to the path toward sta- bility, democracy, and development. Given our strong relationship with Kenya, it’s particularly impor- tant that the administration act in a fair and balanced manner that actively supports the people of Kenya and their right to a gov- ernment that truly represents them, and seeks to address the fun- damental grievances that have contributed to the brutal violence. The administration cannot overlook or ignore the complexities of this crisis; for doing so will only allow them to fester and reemerge again in the future. This hearing will explore both the short- and long-term causes of the recent political and social unrest in Kenya, and what must be done to address these problems, and how the United States can contribute to these solutions. In an attempt to present a balanced assessment of what has gone wrong, and how to fix it, we have invited two panels of distin- guished witnesses, to focus on U.S. policy to date, and how our Government can best support Kenya and international stabilization efforts. First we’ll hear from Assistant Secretary of State Jendayi Frazer, who just returned from Africa last night. We will also hear testi- mony from Katherine Almquist, the Assistant Administrator for Africa at the U.S. Agency for International Development. I’ve asked them to explain how the United States has sought to strengthen democratic and judicial institutions, while also consoli- dating the Kibaki government’s commitment to good governance.
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