Sat, Jan 26, 2008 - Page 9 News List

For a Kenyan recount

Kenyans should not be told that they cannot expect their general elections to be free and fair

By Jeffrey Sachs

Kenya is aflame after a presidential election on Dec. 27 widely believed to have been rigged to secure the re-election of Kenyan President Mwai Kibaki. Kibaki's opponents took to the streets, the government issued shoot-to-kill orders, and hundreds have died at the hands of the police as well as from gang rampages and ethnic violence.

The US has led the international diplomatic response, but its approach has been deeply flawed.

Kenyans voted in vast numbers, waiting in the hot sun for several hours at crowded polling booths around the country. The first results to be counted were for Kenya's parliament, with Kibaki's government ministers roundly defeated in their local constituencies.

The main opposition alliance, led by Raila Odinga, won about 100 seats, compared to roughly 30 for Kibaki. It appeared overwhelmingly likely that the presidential vote count would similarly show Odinga beating Kibaki by a wide margin.

That, indeed, is how the early count transpired. As the tallies from polling stations from around the country came into Nairobi, Odinga built up a lead of several hundred thousand votes. Then the trouble began. Vote tallies from Kibaki's homeland in central Kenya were delayed. Independent observers from the EU and elsewhere began to report serious irregularities in the Kibaki strongholds, where opposition party representatives were denied access to polling sites.

Matters became even more dubious as the vote tallies were collected and recorded at the Electoral Commission of Kenya (ECK). According to detailed evidence submitted by the opposition, the tallies from the countryside, allegedly already padded for Kibaki, were again manipulated, with additional votes awarded to him. As a result, many more votes were recorded by the ECK for the presidential race than for the parliamentary race, even though voters were clearly instructed -- indeed required -- to cast a vote in both races.

When the opposition tried to challenge these inconsistencies, the ECK abruptly declared Kibaki the winner. Days later, the ECK's head publicly acknowledged that Kibaki supporters had pressured him to announce the "results" immediately, despite the clear evidence of vote rigging. Shockingly, he declared that he did not know who really won. The EU observers also announced that the election tally had not met basic international standards.

The election is a disaster for Kenya, but the response of the international community, led by the US, is no less distressing. US foreign policy in Africa is in the hands of Assistant Secretary of State Jendayi Frazer, a former student of US Secretary of State Condeleezza Rice. From the start of the post-election crisis, Frazer took three flawed positions.

First, she declared that the vote could not be re-assessed by an independent tally. In fact, most observers on the scene believed that there was a long paper trail, from the polling sites all the way to Nairobi, which could be re-assessed in detail.

Second, she claimed that there had been vote rigging "on both sides," and suggested that the true election results were very close and that perhaps Kibaki had won. Given the vast amount of direct and circumstantial evidence that the rigging was on behalf of Kibaki, Frazer's assignment of equal blame to each side was met with astonishment and dismay by the opposition. She also failed to acknowledge an exit poll carried out by a US foundation, which showed a clear Odinga victory.

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