‘Kenyans betrayed by Electoral Commission’

Interview with Njeri Kabeberi, human rights defender, on electoral violence, ethnicity and politics in Kenya.

by Marcus Lens van Rijn, independent reporter

"Kenyan politics sounds like a love affair. I see a country of hope that has been betrayed over and over. But I remain hopeful that in the end we'll find the one".

Defending human rights in Africa is risky business. In Kenya, Njeri Kabeberi was added to a death list for speaking out ‘too loudly' against the election violence that killed over 1000 citizens after the last elections. She is in the Hague, about to receive a Dutch award for fighting for human rights and democracy. Her third, it turns out, having also been recognized in Germany and Kenya.

In a country where ethnicity is key to making sense of the political landscape, she considers herself tribe-less. Politicians didn't take that too lightly and she was brandished for ‘betraying her ethnic origins' as she sought to speak out against election fraud.

Her activism is connected to a deep seated belief that her own freedom is on the line. "If I don't fight for another person's freedom, sooner or later they will catch up with me" is her emphatic response. "Every time I saw activists jailed I thought: My god, they cannot decide where to eat, sleep and go. When they start taking a few people's freedom away, somehow they will catch up with me". Without recalling the exact moment, she recalls deciding "to side with the people of Kenya rather than with my tribe". "And that's what got me into trouble" (the death list, red.). Her surprising lack of ethnicity is complemented by vibrancy, energy and emotion.

Ethnicity and politics

As an activist, Ms Kabeberi is not just banging on the door of the political system from the outside. As Director of an organization assisting Kenyan political parties, her goal is to get politicians talking and agreeing with each other. Interestingly, this hasn't muted her, in a bid to stay friendly with those she works closely with. "Our politicians are happy to use ethnicity" she points out, implicitly referring to the violent clashes that killed her countrymen after the 2007 elections.

"There's a myth that if your ethnic group is in power you benefit". But in general she believes that Kenyans are not that ethnically oriented- It's when politics is involved. And this is due to the economic imbalances. "If we address these imbalances, we mitigate ethnicity". She therefore advocates for a change to the electoral system that would better accommodate losers. The present first-past-the-post-system aggravates tensions and is ill suited to a poor country, she considers. It's better after elections that everyone goes home with something, rather than that the winner takes all.

"Ethnicity and politics started with the British divide and rule policy. After de-colonisation, all three presidents played the ethnic card. President Kenyatta required Kikuyu's to take an oath that only a Kikuyu could be President. President Moi perfected the policy for his tribe and President Kibaki excelled". In 2003 Kenya was rated one of the most promising democracies in the world. "But President Kibaki introduced another angle of ethnic politics where you could walk into the street with a machete and chop somebody from another community without thinking: Is the law watching me?". This atmosphere led to the post-election crisis of 2007-2008, according to Ms Kabeberi.

Post-election violence & Electoral Commission

After the election violence, an investigation into the killings (the Kriegler report, red.) blamed the Electoral Commission. The chairman was until then a respected man.

Did the Chairman caved in to political pressure?

"We were all truly shocked. We thought we had institutions in place and had faith in the Electoral Commission. Everyone knew it would be a close call". But she concedes it was a mistake to place so much faith in a commission "that changed overnight". Despite the Chairman being a personal friend, she believes he surrendered to huge political pressure. "Maybe they threatened his life or his family", she reflects. "I personally felt betrayed and I think a lot of Kenyans felt that level of betrayal".

By law the Electoral Commission had 72 hours to declare the results of the election. "Go to the courts the Chairman said but we didn't trust the courts so that wasn't an avenue", Ms Kabeberi continues. For this reason, she calls for judicial reform, as a check on the independence of the Electoral Commission. "We need to put institutions in place that can mitigate".

National peace accord

Following the election violence, former UN boss Kofi Annan succeeded in brokering a peace deal between President Kibaki and Raila Odinga, who became Prime Minister. Ms Kabeberi was part of a pressure group called the ‘National Civil Society Congress' that "camped out in Serena Hotel for two months", where negotiations were taking place. We hung up a banner in sight of Kofi Annan saying "We want our country back!".

What is the inside story surrounding this peace deal?

"It became clear to Kofi Annan that the group of 8 (mediators from both sides) were being used or were not behind the process. Annan sent them away and decided to talk to the two principles directly. We were there to make sure talks would continue, to make sure nobody would run away from the peace talks. Although selfish interests ran deep, Annan listened, he knew that he had the backing of a bigger group (Kenyans, the African Union, the international community, red.) and was not just listening to the negotiators". She continues: "I am grateful that the international community kept pressure on Kenya and proud of those Kenyans who travelled all over to keep the issue on the agenda"

International Criminal Court

Do you have faith in the International Criminal Court's strategy of using the ICC to catch the big fish, national mechanisms for the smaller fish, and the truth and justice committee for reconciliation and future prevention?

She doesn't believe further delaying tactics will work. "The government recently shunned the establishment of a special tribunal, but I remain hopeful that a new bill to establish one will be enacted". Sitting in the Hague, she smiles and considers that a small number of cases might well be tried in the Hague, while a larger number of perpetrators who were under the direction of bigger fish should be tried in Kenya.

With all your contacts, do you know who is on the secret list of perpetrators that Kofi Annan sent to the International Criminal Court?

"No. Only three people know who is on that list". But it's for the better, she points out, so that fair trial is secured instead of public stigmatization without due process.

Constitutional reform

Kenyans have spent the last 19 years and formidable resources on discussing a new Constitution. Nothing has changed. Would you say Kenya is wasting tax payer's money on a process that the key players don't care about?

"The positive thing is that almost every Kenyan knows about this process and are talking about it". She underlines that the costly process nevertheless is moving forward: "I have quite a lot of confidence in the present committee of experts and if it is not interfered with, a referendum could be possible before the end of 2010". Within her organization she is working towards consensus on a number of the contentious issues.

Are you positive or negative about where Kenya is heading?

Ms Kabeberi laughs and then sighs. "You know, Kenyan politics sounds like a love affair. I see a country of hope that has been betrayed over and over. But I remain hopeful that in the end we'll find the one".