Kenya: The Independent Electoral and Boundaries Commission seeks to reclaim its lost glory by conducting credible by-elections lined up this year after successful petitions against the manner in which the 2013 elections were conducted. The by-election in Bonchari was one such opportunity the IEBC could use to redeem itself.
The level of disaffection with the IEBC by both the electorate and political parties is worrying. In fact, Cord, the first runner-up in the election has demanded its disbandment.
Cord has signalled its intention to go to court to demand the sacking of the current office holders and is backing a petition filed by its supporter in Parliament.
In last year’s elections, 188 election petitions were lodged with the courts. Though this might look like a drop in the sea given that thousands other results were uncontested, the electoral body can do better. IEBC’s fidelity should be like that of Ceasar’s wife. The Chief Justice has even admonished the IEBC and requested it to conduct elections in a better and organised manner to avoid clogging the legal system with election petitions.
In short, what the CJ was saying is that IEBC must embark on the path of rebuilding confidence in its ability to conduct a free and fair election after the 2013 debacle.
These elections were highly contested and still form part of the national debate at political rallies countrywide.
What cast the electoral body into ignominy was the purchase of the much-hyped Biometric Voter Registration kits that failed spectacularly at the last minute, forcing the IEBC to revert to the manual system.
Experiments with the electronic voting systems in Ghana, Sierra Leone, Cameroon and Malawi failed miserably. In the recent Malawi case, BVR failure saw the voting exercise extended by two days. In Ghana in 2012, failure of the BVRs compelled the Ghanaian electoral body to extend voting by an extra day.
These unforeseen failures by electronic voting systems not only prove too expensive for the country, they erode public trust in its abilities as a competent electoral body.
IEBC has always shrouded its activities in secrecy, denying the public access to vital information, something that casts it in bad light. When people can’t get the truth, they tend to make their own conclusions which may not always be true, hence the need for openness.
Successfully conducting the Bonchari and Mathare by-elections and putting in place systems that are less contentious will place the IEBC on a higher pedestal.
Cord has on the other hand insisted that IEBC must be disbanded before the nextGeneral Elections. They have threatened to boycott those elections unless their demands are met. Legally, it will not be easy to just do away with the electoral body in the manner that Cord demands.
There is a general consensus that the Isaac Hassan-led IEBC did not live up to expectations. While disbanding it will assuage the Opposition, it will not have solved the many shortcomings of the body. What is needed are comprehensive electoral reforms that will also ensure the IEBC is truly independent, both in word and in deed.
There are perceptions that the Executive can lean on it. That needs not be the case because IEBC ought to be an impartial referee in an electoral contest.
