By Amos Kareithi

After the acrimonious 2007 General Election, which left the Electoral Commission of Kenya (ECK) disgraced as the country hinged on the brink of anarchy, an audit by international experts suggested radical changes.

The body charged with determining what had occasioned the shambles, Independent Review Commission (IEC) on the 2007 General, variously known as the Kriegler Commission, released its findings on September 2008, which had shocking revelations.

The seven-member committee under retired South African judge, Johan Kriegler, found ECK had bungled the elections as a result of weak organisational structure, lack of independence, composition, and management systems.

voters excluded

The voters register, the committee concluded, had about 1.2 million dead voters some of who participated while excluding a third of eligible voters, majority of them women and youth.

Further, the committee members felt ECK had been bedevilled by conflict of roles between commissioners and members of staff.

Following the erosion of trust among Kenyans the Kriegler Report recommended that ECK be disbanded and replaced with a new outfit, which would have financial and legal muscle to oversee elections and restore public confidence in the electoral system.

The committee also wanted the electoral body to draw its funds from the Consolidated Fund to ensure it did not have to rely on the Ministry of Justice and Constitutional Affairs to execute its mandate.

Regular Evaluation

The disparity between some constituencies with huge populations equivalent to some sparsely populated districts led the committee to recommend that there be regular evaluation of the electoral zones.

Shortly after the report was tabled, Interim Independent Electoral Commission was formed, a preamble to the Independent Electoral and Boundaries Commission (IEBC) in the new Constitution.

The new Constitution has provided for the creation of IEBC, which will have powers to delimit a constituency based on the principle of universal suffrage.

The Constitution is, however, silent on the number of commissioners to sit in the Independent Electoral and Boundaries Commission, their qualifications, and how long they are supposed to serve.