Kenya - Politics
On August 9, Kenyans head to the polls to vote in a highly contested race to decide the country’s fifth president. The incumbent Uhuru Kenyatta, who is nearing the end of his second five-year term, is constitutionally barred from seeking another term. Deputy President William Ruto and former Prime Minister Raila Odinga, are the main contenders to succeed him.
Kenya is a republic with three branches of government: an executive branch, led by a directly elected president; a bicameral parliament consisting of the Senate and National Assembly; and a judiciary. In the 2017 general elections, the second under the 2010 constitution, citizens cast ballots for president, deputy president, and parliamentarians, as well as county governors and legislators. International and domestic observers judged the elections generally credible, although some civil society groups and the opposition alleged there were irregularities. The Independent Electoral and Boundaries Commission declared Jubilee Coalition Party candidate Uhuru Kenyatta had won re-election as president over opposition candidate Raila Odinga. The Supreme Court subsequently annulled the results for president and deputy president, citing irregularities, and the court ordered a new vote for president and deputy president that the opposition boycotted. The Independent Electoral and Boundaries Commission declared President Kenyatta winner of the new vote, and the Supreme Court upheld the results.
Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government or on behalf of the government and by the terrorist group al-Shabaab; forced disappearances by the government or on behalf of the government and by al-Shabaab; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention; arbitrary interference with privacy; restrictions on free expression and media, including violence or threats of violence against journalists and censorship; substantial interference with the freedom of peaceful assembly and freedom of association, including harassment of nongovernmental organizations and activists; serious government corruption; lack of investigation of and accountability for gender-based violence; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.
There were numerous reports that the government or its agents committed arbitrary and unlawful killings, particularly of known or suspected criminals, including terrorists. Between July 2020 and June 30, the Independent Policing Oversight Authority (IPOA) received 188 complaints regarding deaths resulting from police actions or inactions, compared with 161 in the prior year. Some groups alleged authorities significantly underestimated the number of extrajudicial killings by security forces, including due to underreporting of such killings in informal settlements, particularly in dense urban areas.
Observers and NGOs alleged members of the security forces and extremist groups were culpable of forced disappearances. Human rights groups noted many unlawful killings first materialized as enforced disappearances. NGOs continued to receive reports of torture and other inhuman or degrading treatment by government forces. As of 21 December 2021, the Independent Medico-Legal Unit documented 109 cases of torture and other inhuman treatment allegedly perpetrated by police during the year.
Police and prison officials reportedly used torture and violence during interrogations as well as to punish pretrial detainees and convicted prisoners. Police violence was especially prevalent in informal settlements. The most prevalent form of violence was beatings to disperse traders and other persons in markets after curfew. Monitors also documented incidents involving use of live ammunition, tear gas, sexual violence, and property damage.
Human rights organizations reported prison, detention center, and police station conditions were harsh due to overcrowding, food and water shortages, and inadequate sanitary conditions and medical care. Lengthy pretrial detention was a serious problem and contributed significantly to prison overcrowding. In 2020 approximately 40 percent of total inmates were pretrial detainees.
Poor casework, incompetence, and corruption among police, prosecutors, and judges undermined prosecutions. Police also frequently failed to enter detainees into custody records, making it difficult to locate them. Dispute resolution at police stations resolved a significant number of crimes, but authorities did not report or record them. Police arbitrarily arrested and detained persons. Victims of arbitrary arrest were generally poor young men, particularly those living in informal settlements.
There is no established system for restitution or compensation for those declared to be squatters and ordered to vacate land. Both private and communal clashes were common because of land disputes. The government used forced eviction and demolition to regain what it claimed was illegally occupied public land.
Mainstream media were generally independent, but there were reports by journalists that government officials pressured them to avoid certain topics and stories and intimidated them if officials judged they had already published or broadcast stories too critical of the government. There were also reports journalists were fired due to pressure from government officials seeking to sway editorial content. This caused some journalists to avoid covering issues or writing stories they believed their editors would reject due to direct or indirect government pressure. Journalists practiced self-censorship to avoid conflict with the government on sensitive subjects, such as the first family or assets owned by the Kenyatta family.
Privacy International reported the National Intelligence Service had direct access to the country’s telecommunications networks that allows for the interception of communications data. Furthermore, Privacy International reported the National Police Service also had surveillance powers. Freedom House additionally reported authorities used various types of surveillance technologies to monitor citizens.
To reduce voter fraud, the government used a biometric voter registration system, first employed in 2013. Possession of a national identity card or passport was a prerequisite for voter registration. In June some voters found their names on the membership lists of parties for which they had not registered, sparking concerns about voters’ data privacy. In October 2021 the IEBC reduced a three-month-long voter registration drive to one month, reportedly due to a lack of funding. The IEBC aimed to register more than six million new voters, but at the conclusion of the drive on November 2 had registered approximately 1.4 million new voters.
There were numerous reports of government corruption during the year. Officials frequently engaged in allegedly corrupt practices with impunity. Despite public progress in fighting corruption, the government continued to face hurdles in implementing relevant laws effectively. The public continued to perceive corruption as a severe problem at all levels of government.
In Kenya’s personality-driven politics, ideologies do not hold as much sway as ethnicity and money, which comes in handy for robust campaigning. The 2022 elections are unlikely to be a departure from that. Ahead of the August polls, there has been a display of opulence by the politicians and their backers, leading to questions from members of the public on the sources of these funds.
For instance, there has been a spike in the number of helicopters owned or leased by politicians during election cycles, according to the Kenya Civil Aviation Authority (KCAA). In March, former KCAA director-general Gilbert Kibe said that by the end of 2020, there were 67 registered helicopters, most of which were owned by politicians. Data from the South African Revenue Service also revealed that Kenya imported 325 helicopters for lease from South Africa in 2020 alone.
Local paper Business Daily also reports that cash in circulation outside the banking system was at a four-month high as of April, according to data from the Central Bank of Kenya. The amount increased by 3.69 billion Kenyan shillings to KES 252 billion ($2.14bn) from a month earlier. “Indeed, there is anecdotal evidence that as we edge close to the elections there is increased money supply in the economy,” the Parliamentary Budget Office warned in June. “The Central Bank of Kenya should therefore enhance its surveillance mechanism to ensure monetary stability with the view to containing possible inflationary pressure resulting from enhanced campaign spending.”
On June 6, the country’s Independent Electoral and Boundaries Commission (IBEC) concluded its vetting process and whittled down the number of contestants from 55 to four. Some of those disqualified include popular lawmaker Ekuru Aukot and independent candidate Jeremiah Nyagah. The two main challengers remain opposition leader Raila Odinga, for whom Kenyatta has publicly declared his support, and William Ruto, the president’s deputy.
Veteran politician Odinga is contesting under the banner of the Azimio la Umoja [Pledge of Unity] coalition, in what is his fifth attempt at the presidency. He is being backed by Kenyatta, who defeated him in the 2013 and 2017 elections but has described his former foe as a “peacemaker who means well for Kenya”. The move has strained the president’s relationship with his deputy, prompting a public fallout between them that is becoming more pronounced as the polls draw near. Odinga is the son of the country’s first Vice President Oginga Odinga who deputised to the elder Jomo Kenyatta, its first president. A serial aspirant who first ran for the Kenyan presidency in 1997 when he finished third, this is Raila Odinga’s fifth attempt. Odinga, one of Kenya’s most popular politicians, is the patriarch of a dynasty that began with his father Jaramogi Oginga Odinga, an independence hero and Kenya’s first vice president. The elder Odinga was a friend and running mate to Jomo Kenyatta, Uhuru’s father, and Kenya’s first-ever president.
The 77-year-old served as prime minister between 2008 and 2013 to President Mwai Kibaki (now deceased), in a grand coalition that was formed after the peace talks mediated by late former United Nations Secretary-General Kofi Annan. That was the outcome of the disputed 2007 elections which Kibaki won and Odinga polled second, leading to bloodshed across parts of Kenya. Odinga also lost the 2013 and 2017 elections to the younger Kenyatta but is now being endorsed by his archrival.
Odinga’s centre-left campaign agenda is focused on tackling corruption and fixing the loopholes which he says are denying common Kenyans basic services. He has also promised national reconciliation to unite the country, judiciary reforms and social welfare for poor households.
Ruto, on the other hand, is contesting the presidency for the first time, riding under a popular “hustler” narrative of liberating ordinary Kenyans from the yoke of the few, wealthy “dynasties”. Unlike Azimio la Umoja, a registered coalition party, Ruto’s Kenya Kwanza is a loose alliance of 12 parties. Ruto first came to the limelight in 1992 after he helped found the hugely popular lobby group Youth for KANU 92 (YK92), which helped the governing Kenya African National Union retain power.
He went on to serve in parliament and then as a cabinet minister in several roles for years until 2007. By then, many senior officials, Raila included, had quit the governing party after the president handpicked Kenyatta as his successor. Ruto was elected together with President Uhuru after a spirited campaign in 2013. But bromance became divorce and there have since been allegations and counter-allegations by each camp since their falling out.
In 2010, Ruto was charged by the International Criminal Court (ICC) in December 2010 with multiple charges, including murder during the violence that followed the 2007 election. Many assumed that was the beginning of the end of his political career. Instead, he became acting president in October 2014 when Uhuru briefly relinquished his seat to attend to charges at the ICC that were later dropped.
The 55-year-old is now facing a tall order to defeat Kenyatta-backed Odinga in his bid to be president again – but an elected one this time – and overcome the “deep state”, the perception of a powerful cabal overseeing the country’s affairs. His running mate Rigathi Gachagua is a legislator from the Mount Kenya region and ardent critic of the president.
Ruto centered his campaign on a bottom-up economic model, which he says will put money in the pockets of common people. His camp argues that the model, which includes a promised 50 billion Kenyan shillings ($425m) annually targeting micro and small enterprises, is the elixir needed to uplift low-income earners out of poverty.
Unlike Raila and Ruto, David Mwaure Waihiga of the Agano Party is not a household name in the Kenyan political arena even though he has been involved in politics for more than a dozen years. A lawyer with more than 35 years of experience, he took his first shot at Kenya’s top seat in 2013 under the same party. However, he dropped out of the race to run for governor of Lamu County in coastal Kenya and was unsuccessful. A clergyman, Waihiga believes that the government needs fresh blood to address Kenya’s many problems.
George Wajackoyah of the Roots Party, another seasoned lawyer – with five degrees, is known for his controversial political stunts and remarks. The 61-year-old leader of the Roots Party is basing his presidential bid on his Rastafarian credence and qualities. He is advocating for the legalisation of cannabis, which he says will help offset the huge debts Kenya is grappling with. Wajackoyah, a law professor and former member of the dreaded Special Branch, the country’s intelligence unit, also proposed snake farming and three-day weekends to improve the economy.
Political ideology has taken a back seat as both sides do their best – financially and otherwise – to gain an upper hand in what is being described as one of the continent’s most consequential polls. Uhuru has painted Ruto as corrupt and greedy for power while the latter has previously claimed that the president’s allies hatched a plot to assassinate him.
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