[Congressional Record Volume 154, Number 13 (Monday, January 28, 2008)]
[Senate]
[Pages S389-S390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CURRENT ELECTORAL CRISIS IN KENYA

  Mr. FEINGOLD. Mr. President, just over 1 month ago, in the days 
before the December 27 president election, I

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noted that it had become the closest political contest in that 
country's history and that the two leading candidates were running 
robust, active campaigns. Although I also acknowledged the persistence 
of a deeply entrenched culture of corruption, I was encouraged by the 
growing engagement of Kenyan citizens and civil society organizations 
during the relatively peaceful, well-run, and competitive campaign 
season. I joined many others in hoping that the presidential and 
parliamentary elections held on that day would confirm Kenya's place 
among the world's most promising emerging economies and young 
democracies. Instead, that hope turned to dismay as we watched a 
blatant disregard for democratic principles and processes by the ruling 
party and an extraordinary disrespect for rule of law and human rights 
by both leading candidates' parties. The serious allegations of vote 
rigging, the rushed declaration of a presidential winner, and the 
destructive violence that have ensued are not only hurting the Kenyan 
people--they are jeopardizing Kenya's previous democratic progress.
  With Somalia, Ethiopia, Sudan, and Uganda as neighbors in the 
volatile Horn of Africa, Kenya has long been regarded as a stable 
country making slow but persistent progress towards democracy. Kenya's 
press and courts seemed to be asserting their independence from the 
president-dominated government, and the mere fact that all pre-election 
opinion polls put the incumbent president neck-and-neck with his 
challenger from the main opposition party seemed to be an encouraging 
sign of a vibrant democracy. But on December 27 and in the days that 
followed, this progress came to a grinding halt. The Kenyan election 
suffered a fate all too common in Africa, with the votes tallied behind 
closed doors and the results finally announced by Kenya's Electoral 
Commission suggesting significant rigging.
  The resulting frustration and deadlock have sparked violence, 
looting, destruction of property, and disruption of normal activity, 
creating an economic and humanitarian emergency on top of the current 
political crisis. Hundreds have been killed--some of them because of 
disproportionate use of force by Kenyan police as they seek to quell 
protests--and tens of thousands have fled their homes. Trust in the 
government, law enforcement, and even in one's neighbor has been 
seriously undermined.
  The rival political leaders--incumbent President Mwai Kibaki and 
leader of the Orange Democratic Movement opposition party, Raila 
Odinga--can work to end this violence and destruction by refraining 
from using, inciting or condoning violent tactics. In recent days, Mr. 
Odinga and his supporters have demonstrated noteworthy restraint and it 
is essential that both parties respect the importance of a peaceful 
resolution as they begin to participate in an internationally brokered 
dialogue, led by former U.N. Secretary General Kofi Annan.
  It is early days yet, and it remains unclear how committed these 
leading candidates are to seeing the negotiation through to the finish 
line. Although he has agreed to participate in an internationally 
brokered meeting with Mr. Odinga, Mr. Kibaki has been less than 
cooperative by rushing to appoint his own cronies to top cabinet 
positions and declaring he will follow the recommendations only of the 
Kenyan courts, which are also packed with his supporters. A political 
settlement is a key element in working through this electoral crisis 
but it must be part of a greater initiative that includes institutional 
reform. The road ahead is long, and I remain concerned that while both 
leading candidates have come to the table for negotiations, they could 
still decide to abandon the effort.
  The past few weeks have shown how superficial Kenya's democratic 
gains may really have been. Now the international community--and the 
United States in particular--must live up to its rhetoric in favor of 
free and fair elections and institutional building. Many of the other 
countries that have suffered botched elections had a long history of 
such fraud but if this relatively stable and prosperous country is 
allowed to abandon its democratic experiment, the appeal of democracy 
will inevitably dim around the world. The citizens of Kenya as well as 
those from around the world had higher expectations for Kenya.
  Resolving Kenya's current political, humanitarian, and economic 
crisis will require a coordinated international effort to engage all 
players in identifying and addressing the deeper problems that allowed 
the election fraud to occur and to ignite such a wave of outrage. 
Although a power-sharing agreement will likely be part of the solution, 
serious underlying problems need to be addressed. The challenges facing 
Kenya include an over-concentration of power in the office of the 
president, insufficient independence of the judiciary and electoral 
institutions, the need for professionalization of police and armed 
forces, and a persistent lack of transparency and inclusiveness 
throughout the political system. Only by addressing these root causes 
of the recent conflict will Kenya be able to truly restore stability 
and emerge from this crisis a stronger and more prosperous nation. Such 
a task will not be quick, easy, or cheap, but the alternative--not 
seizing this chance to bring about essential political reform--would be 
enduring, complex, and costly.
  Last week, along with my ranking member on the Senate Subcommittee on 
African Affairs, Senator Sununu, and Senators Cardin and Kerry, I 
introduced a resolution to encourage the United States and the wider 
international community to resist the temptation for a quick fix in 
Kenya and to instead pursue a more intensive, encompassing plan for 
political transition and transformation. I hope the Senate will pass 
this resolution shortly. The administration has played an active role--
sending Assistant Secretary Frazer to Nairobi shortly after the 
elections to meet with both leading candidates--and I know Ambassador 
Ranneberger has been actively engaged in-country. But we need to see 
greater collaboration from all donors--with one consistent message that 
helps move Kenya to the next stage. I hope that Members of Congress 
from both parties will come together to support this initiative and the 
diplomatic and humanitarian efforts in Kenya that must follow in the 
coming weeks and months.
  The U.S.-Kenya partnership is a longstanding and important one, but I 
can-not condone a continued relationship with a government that has 
apparently stolen an election and uses tactics of fear and intimidation 
to address dissent. This is not the Kenya I have come to know, and I am 
sure, not the Kenya its citizens want to know. We must close this 
devastating chapter by addressing the reasons for the electoral crisis 
and ensuing violence. Without such vital work, our historic partnership 
will deteriorate. There is a window of opportunity to ensure this does 
not happen, and I encourage all key actors to seize upon this opening. 
Above all, I want to see violence end and hope restored in Kenya.

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