With a contested election followed by repressive actions against civil society, are we witnessing the first major signs of an authoritarian Kenya?
These past two weeks in August, Kenya has
dominated headlines coming out of Africa for two major reasons. One: the general
election, which saw a tense few days, with accusations of rigging and fraud
loudly versed by the opposition, but with a result that saw the incumbent Uhuru
Kenyatta emerge victorious. Two: Almost immediately after the result was
announced, a move by the ruling government to dismantle two of Kenya’s leading
and most active civil organisations, the Africa Centre for Open Governance
(AfriCOG) and the Kenya National Human Rights Commission (KHRC).
What is crucial in understanding both of
these headlines is the speed with which the second came after the first and
what that might mean for Kenya’s future. With regard to Kenyatta’s election
win, it is hard to make any real judgement based on what evidence we have.
The build-up
to the election was one fraught with tension that threatened to boil over into
violence, such as that which took place in 2007, after elections resulted in post-election
violence that killed over 1000 people. And so, the world watched expectantly as
Kenyan electoral officials assured the public that vote rigging, under the new
electronic system was not possible, even as the body of the electoral board IT
chief was found dead with signs of torture. Nevertheless, voters took to the
streets in largely peaceful lines to make their voices heard.
The result was one that international
observers say was legitimate with few signs of credible fraud. Almost
immediately, the opposition claimed to have such evidence and is now seeking to
challenge the government victory in the Supreme Court.
What is crucial is that
legal processes are being observed (so far) by the opposition, although this
same route brought them only more defeat after the 2013 elections. Whether
fraud took place or not, government moves following the election give cause for
concern.
The first steps: an end to civil society
Thus, we come to the second headline: the
government’s attempt to deregister two leading civil society organisations.
Earlier this week, the NGO Coordination Board advised the Directorate of
Criminal Investigations to shut down the organisations, freeze their assets and
arrest their directors over allegations that they were operating illegally.
The move immediately sparked backlash from
civil society and NGOs, Kenyans and the international community. Yesterday,
police raided the offices of AfriCOG in a move that was allegedly without legal
justification.
The bottom line of such actions is extremely
worrying: unlike neighbouring countries such as Ethiopia, Eritrea, Uganda and
South Sudan, Kenya has always represented a progressive stance in East Africa.
Yes, in more recent years, there have been curbs to press and political freedoms,
but nowhere near the scale of say, Burundi and Ethiopia.
Yet this audacious move, so soon after a
general election that is still being contested, is perhaps a prediction of what
moves the ruling administration may take over the course of the next term of
office (should the opposition challenge fail, of course).
Similar situations in
repressive countries usually start with the suppression of civil society and
political opposition. Next comes the press. And finally, there is virtually no
one left to openly criticise an elected government. From there, it’s a slippery
slope in which the word elected usually disappears quickly. And it is nothing
new for Kenya, having suffered through over two decades of authoritarian rule
by Daniel Arap Moi in the 80’s and 90’s.
For now, these moves have been halted by a
judiciary that is showing it can still exercise some power independent of the
government. But for how long, no one knows. And whether worse is to come, we
can only wait and watch.
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