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2007 SPEECHES

Kenya's Elections: The Hard Work and Promise of Democracy

Speech by Ambassador Michael E. Ranneberger delivered at the University of Nairobi

May 16, 2007

Good afternoon. It's wonderful to be back on the campus of the University of Nairobi. The last time I was here, in August 2006, I, along with you, heard another man speak, a man with a good deal of personal experience in governance and electoral politics - United States Senator and presidential candidate Barack Obama. I am honored and delighted to be invited by the University to share the stage, so to speak, with such a distinguished son of Kenya. Thank you for your warm welcome and for giving me this opportunity to speak to you about the topic on everyone's lips: the electoral process. No, not the American process and Obama's chances, but the process in Kenya!

Shared Values and Historic Opportunity

This is an electric election year for Kenya! The elections will test the commitment of everyone - politicians, government officials, and the voters themselves - to the very essence of democracy: the sacred right of the citizens to determine the future course of their society by choosing their representatives through an inclusive, fair, and transparent process. Elections are at the heart of representative government - government that is by and for the people. Following 2002's landmark elections, Kenya's 2007 vote is an historic opportunity to consolidate this young democracy.

You have a wonderful saying in Kiswahili, which I think precisely captures this idea: Kulea mimba si kazi. Kazi ni kulea mwana. The hard work is not the pregnancy; rather it is in raising the child. Your elders struggled tirelessly to deliver Kenya's democracy. Now the responsibility is increasingly on you to nurture it.

The strong and growing partnership between the United States and Kenya rests upon our shared democratic values. The United States, therefore, has a direct interest in supporting the consolidation of democracy in Kenya. I want to affirm the United States' strong support for the electoral process. In considering where I should express these thoughts, it made perfect sense for me to come to the University of Nairobi to speak to and to hear from Kenya's rising generation. You are part of the generational change underway that can accelerate democratic transformation. The participation of more young people as candidates, office holders, and as voters is the key to fulfilling the promise of Kenyan democracy. How many of you here today are registered to vote this year? Exercise your democratic right and vote!

Freedom and Challenges

Kenya today has more civic freedoms than at any time since independence. I congratulate the people of Kenya for the enormous democratic gains you have made, especially as a result of 2002's historic elections, which lay a solid foundation for a bright future. There is a palpable positive energy and spirit among Kenyans. There are dozens of media outlets, perhaps the most vibrant civil society on the continent, 83 percent primary school enrollment, a high literacy rate, 6 percent economic growth, an increasingly active and independent Parliament, and legislation and restructuring of government institutions that is introducing greater transparency and accountability.

Much remains to be accomplished. Among others, I would note three areas: corruption, tribalism, and gender equity. Not enough has been done to bring to justice those responsible for corruption, based on a real zero tolerance policy. Tribalism - rather, political appeals to tribalism -- remains perhaps the most significant challenge to Kenyan democracy. And women are grossly under-represented in the political system and are victims of unbridled violence.

It is for Kenyan voters to weigh the balance of what has been accomplished and what remains to be achieved. It is up to Kenyan voters to ask those running for office - presidential candidates, candidates for Parliament, and candidates for local office - hard questions not only regarding their visions for the country's future, but also regarding how they will bring about and pay for specific programs to improve the well-being of the people. The verdict is in your hands; remember that those elected will define the agenda for the next five years.

Democracy as a Work in Progress

Even in such a well-established democracy as the United States, we must be vigilant to ensure that our elections are as inclusive, fair, and transparent as possible. As friends, we can learn from our respective mistakes.

As you all may know, as recently as 2000 the U.S. had a disputed presidential election that went to the courts for resolution. That process was at times loud, almost raucous, and seemingly chaotic. That experience led to a very healthy discussion about the merits of our electoral system. Earlier in our history, our elections were hardly inclusive as we denied suffrage rights to women, Black Americans and other minorities. Although a constitutional amendment in 1870 outlawed the denial of voting rights based on race or color, it was not until 1965 that suffrage was truly universal. Effective enforcement of that law took many more years. There was, in essence, a huge lag between our adoption of democratic principles and our implementation of them in a way that is truly free and fair.

While I recognize that Kenyan democracy is still in its early years and has certainly come a long way, there is still much work to be done. Kenyans, and Kenya's friends, hold this country to high standards, and Kenya has no choice but to advance its democratic progress if it is to achieve its full potential in the 21st century. The modern world is moving in a democratic direction. There have been over 50 democratic elections at all levels in Africa in recent years. Kenya represents that progressive trend and has the potential to continue to be a standard bearer of it, a shining example to the rest of the continent. Strengthening democracy in Kenya will also contribute to stability and prosperity throughout this region. Studies have shown that democratic countries make the best neighbors. The world's most economically advanced countries are all democracies.

During the early years of democracy in my country, one of our most important founding fathers, John Adams, said: "Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide." His comment reflected the deep skepticism that many Americans shared at that time about the future of democracy in the U.S. During the following 200 years the American people have proved him wrong. I am confident that the naysayers who focus exclusively on the shortcomings of Kenyan democracy will also be proven wrong by the Kenyan people as they move forward to consolidate democracy.

Because of the progress that Kenya has made over the past five years and because of the country's inherent stability, I am optimistic that the elections this year will constitute another major step in consolidating democracy. During my recent visits to Nyanza and Western provinces, I met with many Kenyans and was deeply impressed by their commitment to democratic values. They are registering to vote, learning about the process, and preparing to make informed choices. They are enthusiastic about exercising their democratic rights.

U.S. Neutral on Candidates and Parties

I want to be clear on where the United States stands. We are strictly neutral with respect to the competing candidates and political parties. It is for Kenyan voters alone to decide which candidates and which political parties can be trusted to lead the country for the next five years. However, we are not neutral with respect to the process, that is, the conduct of the elections. We want to see an inclusive, fair, and transparent electoral process.

The electoral process must be carried out by Kenyans, not outsiders. Given the importance we attach to Kenya's democratic progress, however, I want to outline what we see as essential components in the conduct of inclusive, fair, transparent, and credible elections. We offer our thoughts in the spirit of the deep and growing partnership between our governments and peoples, and in the spirit of frank dialogue that must prevail among friends. We want to help to the extent that Kenyans want us to help.

Electoral Principles

Our views are guided by the following principles:

  • The U.S. supports a peaceful and fair campaign as well as transparent and effective voting in accordance with Kenyan law, the Electoral Code of Conduct, and international standards.
  • The U.S. supports the Electoral Commission of Kenya (ECK) as the body charged with administering Kenya's elections. Continuity of ECK leadership through the December elections will greatly contribute to the credibility of the electoral process.
  • The free flow of information and an independent media with professional coverage of the electoral process are essential. There should be no effort to intimidate or unfairly manipulate the media. The media should act responsibly to provide objective and unbiased reporting, and to refrain from inciting ethnic or other conflicts.
  • The civil service should be non-partisan. Civil servants, in accordance with the Public Officer's Ethics Act, should remain politically neutral.
  • All candidates, voters, members of the media, and civil society should be able to move throughout the country and assemble freely. Any attempt to curb the right of candidates to debate freely and to hold peaceful rallies has no place in a democracy.
  • Government resources and facilities should not be used to carry out political campaigns or to influence the electoral process. Politicians should refrain from attempts to buy votes.
  • The government and political parties should refrain from fanning tribal sentiments.
  • Maximum effort should be made to support voter education and awareness.
  • The rule of law should be fully respected. There should be zero tolerance for any elections-related violence. Both government and political party leaders share responsibility for this.

    U.S. Support

    To help support inclusive, fair, transparent, and credible elections, the U.S. is working closely with the Electoral Commission of Kenya, political parties, and civil society organizations. In fact, in 2006 and 2007 alone the U.S. has provided over $6 million to promote transparent and competitive electoral processes in Kenya. Our assistance is focused on:

     

  • Electoral Administration: We continue to support the ECK through professional development and elections-related resource management. This includes election planning and budgeting as well as secure and transparent transmission of electoral results.
  • Citizen Awareness and Voter Education: We are supporting efforts to raise voter awareness, and the knowledge and skills required to participate as informed citizens. We will support civil society and media initiatives to sponsor debates and town hall meetings.
  • Political Party Development: We have a program to strengthen political parties, with emphasis on promoting greater participation by women and youth and developing more issues-based party manifestos.
  • Election Observation and Media Monitoring: We will support domestic election observation as well as efforts to monitor the fairness and accuracy of media reporting.

    This year we are supporting a new multi-donor funded, comprehensive electoral assistance program that will vastly expand U.S. assistance. We intend to field a large number of observers, including both Kenyan and American staff from the U.S. Mission, to witness the polling on election day across the country. With respect to both principles and support for the electoral process, we are coordinating closely with other countries and international organizations.

    Finally, and equally important, on behalf of the United States, I will, as a friend of Kenya, speak out if it appears that the inclusiveness, fairness, and transparency of the elections are in danger of being violated. We will be equally outspoken in recognition of positive developments.

    The Electoral Commission, Reforms, and Laws

    I congratulate the ECK for its outstanding performance in conducting the 2002 general election and the 2005 constitutional referendum. This has in large measure been due to the outstanding leadership of Chairman Kivuitu and the unswerving support of the other ECK members. That leadership, and the respect he commands among the Kenyan people and the international community, bolster the credibility of the electoral process. The ECK must be unhindered in fulfilling its mandate. The Chairman has recently returned from the U.S., where he shared with senior officials in Washington and with civil society organizations the preparations underway for this year's election, as well as the challenges the ECK faces. I applaud the ECK, and the Kenya National Commission on Human Rights, for calling attention to misconduct during the July 2006 by-elections. I also commend both commissions for their efforts to ensure 2007 does not see a repeat of the same abuses.

    I also congratulate the ECK for what initial reports indicate was a largely successful administration of the Magarini by-election and 14 civic ward elections earlier this week, despite logistical challenges imposed by severe weather and flooding. Unfortunately, initial reports also indicate that some of the candidates and their supporters engaged in improper activities clearly at odds with the Electoral Code of Conduct. We urge the Kenyan government to thoroughly investigate all alleged violations and to take appropriate legal action.

    The Magarini election points out two issues to keep in mind during the upcoming general election. First, low voter turnout and a high number of voters unaware of voting procedures tell us that more work must be done in the field of voter education. Secondly, the logistical challenges of administering the vote in Magarini tell us that the ECK must be better prepared for all contingencies, including obstacles imposed by nature.

    Ensuring credible elections is a shared responsibility. The legislation pending before Parliament that would affect political parties, and the question of minimum reforms, deserve due consideration and thorough discussion. That said, it must be noted that previous elections and the 2005 referendum were conducted without these changes, and those elections were deemed credible.

    Rights and Responsible Behavior

    Shared responsibility also means that political leaders have an obligation to control their rhetoric, eschew violence and set a responsible example for their partisans. There is no place for threats or name-calling. The Code of Conduct of the National Assembly and Presidential Elections Act provides for the promotion of "conditions conducive to the conduct of free and fair elections and a climate of tolerance in which political activity may take place without fear of coercion, intimidation or reprisals." The Act also prohibits public officers from engaging in political activity, including publicly supporting or opposing any candidate.

    The Act explicitly states that the Code of Conduct applies to "every political party and every person that participates in any election." While the law has its role to play in ensuring a proper electoral process, debate between candidates tends to be self-regulating in a democratic society. Candidates who engage in name-calling or scurrilous accusations tend to lose votes, not gain them. I believe the Kenyan people are looking to senior political leaders to rebuke and disown members of their own parties who transgress the democratic principles of tolerance, honesty and fairness. That is true leadership.

    Gender Equity

    The Code of Conduct also requires a political environment free from "fear of coercion, intimidation, or reprisals." I have heard from a number of women, many of whom have managed to overcome the formidable obstacles in their way and made it to public office. They have told me that women candidates -- and even women voters -- face attacks, damage to their property, and threats to their families.

    This is unacceptable. Women in Kenya deserve greater representation in politics and governance. Achieving that is in the interest of all Kenyans. According to studies, women are less likely to sacrifice the public good for personal gain. Increased female participation in government leads to more honest government - one more reason, among many, why the intimidation and violence that keep women from participating in their democracy must stop.

    Elsewhere in the democratic world, affirmative action programs for women - such as setting aside a certain percentage of a party's candidate list for women - have enabled women to overcome the financial and other forms of discrimination that make it difficult for women to compete in elections with male counterparts.

    Tribalism

    Political leaders have a responsibility not to revert to the exploitation of ethnic differences, but rather to lay out detailed electoral platforms, keeping the political debate focused on issues that matter to all Kenyans. I hear from Kenyans what these issues are: they are matters of job creation, development, improved social services, good governance, and personal security.

    We are told that traditionally in an election year ethnic violence increases as politicians and parties seek to stir up their tribal "bases" and intimidate others. Whether it is the "Mungiki," or the "Taliban," or any other tribal gang, it is simply immoral and dangerous to exploit such sentiments. Action now can avoid the dangers of polarization and tribalism. Concerns have been raised, for example, by allegations that identification cards were being issued in a manner that favors some regions over others, leading to greater proportions of registered voters in preferred areas. An election drawn along tribal lines would, in our view, be a setback for Kenya.

    The promise of the 2002 elections of overcoming tribal politics is still alive, and the need to do so has never been more pressing. The governing and opposition parties can strive to build coalitions across tribal lines. Related to this issue, it is important to note that political fragmentation is always unhealthy for democracy. Kenya does not need 85 political parties, many of which are little more than "sitting room" or "briefcase" parties representing personal interests. Consolidation of many of these parties and the development of broad coalitions would offer a clearer choice for the Kenyan people. This, of course, can only be achieved through a democratic process that reflects the will of Kenyan voters, not by government fiat.

    Civil Society, Media, and the Public

    Civil society and the media have a crucial role to play in helping ensure credible elections. Kenyans get this, I think, judging from the growing number of media outlets and registered civil society organizations. This includes religious organizations, such as the National Council of Churches of Kenya, the Kenya Episcopal Conference and the Supreme Council of Kenyan Muslims, which are speaking out on important issues facing the nation. In our own history, religious leaders have often led the process of democratic change, such as the struggle for civil rights led by Reverend Dr. Martin Luther King, Jr. Faith communities unite members from various ethnic backgrounds and so help to promote Kenyan identity. I have also been encouraged by the very active role of civil society organizations.

    The role of the media carries great responsibility. Journalists and editors have a huge obligation in their role as watchdogs. They also have a duty to provide objective information about the electoral process to the Kenyan public, and to refrain from ethnic incitement. Democracy simply does not work unless voters can get the information they need to make an informed decision.

    Dialogue and Debates

    One way to achieve this is by demanding clear, concrete national party platforms. Let political leaders hear that Kenyans want to know the positions of their parties on the challenges facing the nation: unemployment, corruption, tribalism, insecurity, poverty eradication, health care, education, gender equity, environmental preservation, and inadequate infrastructure. Citizens in a democracy must hold their political leaders accountable to a high standard. You can steer the debate away from dangerous polarization and toward an agenda for achievement.

    During a recent trip, I met with over a thousand students at Maseno University. I presented my views and took their questions. I told them that such "town hall meetings" were a standard feature of democracy in America and many other countries. I described how, when one candidate refused to participate in a debate, the organizers simply placed an empty chair on the stage. Perhaps the Kenyan people - particularly the vanguard of young voters - will insist on similar dialogue with candidates here.

    Conclusion

    I am optimistic that Kenya's 2007 election will be an important milestone in the democratic transition that began in 1992. Kenyans will continue to expand their democratic space, as greater numbers of women and youth participate and enter the institutions of their government, as the political process continues to move away from a narrowly-based tribal approach to a national agenda to the benefit of all Kenyans, and as the process of generational change in Kenya moves ahead. I know that all of you are up to the challenge. I think Maina wa Kinyatti, the renowned Kenyan poet who wrote much of his work when he was a political prisoner not that many years ago, captured it best when he wrote of the Kenyan people's "indestructible commitment to democracy."

    I am confident that the U.S.-Kenyan partnership will continue to grow and prosper regardless of whoever runs either of our governments. This is because our friendship is based on democratic values and interests shared by Kenyans and Americans across the political spectrum. I wish you and the Kenyan people well as you continue to pursue your democratic experiment - one that Americans are still pursuing after 231 years.