Judiciary and electoral agency must reclaim shrinking confidence

NAIROBI: A heated national debate has been sparked by the latest Infotrak opinion polls. That debate is likely to overshadow other important issues raised by the survey.

While greater interest is focused on the political popularity of mainly President Uhuru Kenyatta and opposition leader Raila Odinga, there are issues of the credibility of key institutions that have the power to shape the destiny of this country.

These two key institutions are the Independent Electoral and Boundaries Commission (IEBC) and the Judiciary.

The Judiciary and the IEBC, which are critical to upholding democracy in line with constitutional provisions and the rule of law, scored dismally in the Infotrak opinion polls.

According to the poll, only 23.8 per cent of Kenyans believe that the IEBC can be trusted to conduct free and fair elections in 2017.

There are integrity and administrative issues facing this key institution which, if not resolved sooner rather than later, might lead to a less-than-perfect outcome in next year’s elections. And as we head into the homestretch for the 2017 General Election, this is indeed enough reason for worry.

Parliament's Public Accounts report on the shady deals at IEBC, which revealed the loss of Sh4.1 billion in the purchase of 1,500 BVR’s kits that malfunctioned, intricacies surrounding the Chickengate scandal in which former and current electoral commissioners were adversely mentioned in bribery claims involving British firm Smith and Ouzman and the succession of IEBC commissioners do not inspire confidence in the electoral body.

The Judiciary, whose conduct should never come into question, has also been the subject of a national debate with regard to integrity. Questions over the conduct of some judges and allegations that they may have received bribes inspire no confidence at all.

Matters are not helped by endless court battles involving the Deputy Chief Justice, Kalpana Rawal, over the retirement age for judges, a suspected go-slow by judges, the bad blood between the Judicial Service Commission and the Judiciary and the early retirement of Chief Justice Willy Mutunga in June.

A combination of these factors makes the situation within the Judiciary and the IEBC fluid, at the very least. A political class that has affected a permanent war mode across the political divide doesn’t help matters either.

By locking themselves in eternal turf wars, our elected leaders have failed to address key national issues. In short, they have failed to grasp the big issues that Kenyans grapple with every day; corruption in public offices, rising unemployment, poverty, insecurity and poor leadership.

There is a growing feeling of exclusivity and a sense that a poor Kenyan’s life is one of wretched injustice meted out by an uncaring, self-preserving elite. These make for a combustible mix.

Lessons from the botched 2007 General Election show that an imperfect election becomes the match stick that can light up this mix.

It is time to fix things, time to build confidence in the IEBC and the Judiciary. It is time for politicians to tone down the rhetoric. It is time for Kenyans to embrace one another.