[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Pages 939-940]
[From the U.S. 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 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

[[Page 940]]

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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