Opinion: IEBC stands indicted, it must address handling of elections

IEBC Chairman Wafula Chebukati Photo:Courtesy

IEBC walked Kenya down the road to ignominy and disrepute. From the detailed judgement rendered by the Supreme Court, it is evident that the Independent Electoral and Boundaries Commission (IEBC) woefully and deplorably conducted the August 8 elections.

Consequently, there are growing fears about the IEBC’s ability to conduct the repeat polls, whichever date is decided upon.
In many ways, the Supreme Court’s judgement is a terrible indictment of the IEBC and its leadership under Chairman Wafula Chebukati and CEO Ezra Chiloba.

Because of its costly mistakes, the country must endure another round of electioneering that is fraught with tension and division.

That is not to mention the Sh13 billion bill for the taxpayer- money which would have been used to pay nurses who have been on strike for nearly five months now. That heads must roll at the IEBC is not out of question. There has to be thorough house-cleaning. For someone has to pay the price of failing or neglecting, or refusing to conduct the elections in a lawful manner and thereby occasioning Kenyans such great loss and for subverting their will.

Sadly, IEBC seems not to have learnt any lessons from the 2007 election debacle, where the defunct Electoral Commission of Kenya (ECK) was the main culprit. Mercifully, a robust Judiciary held things together.

The ideals of democracy are defeated every time we have elections whose results are contested. It was up to the IEBC to ensure that they got it right this time around. Indeed, credible elections are critical to holding leaders accountable for their decisions; they have significant implications for the quality and nature of governance and the promotion of sustainable and equitable development.Democracy is not just about elections.

Citizens should be allowed to vote for people and political parties of their choice. But this is impossible unless people feel they can vote freely and that each vote will be counted.

While the burden of proof rested with the IEBC to show that the will of the people had been exercised and respected, it dithered, prevaricated and contemptuously disregarded a court order to open up its KIEMS system for scrutiny and prove that it was not susceptible to manipulation.Indeed, memories of the contested 2013 elections remain fresh in the minds of Kenyans, many of whom still believe IEBC did not measure up to the task.

Moreover, lessons from the botched 2007 presidential elections prove that an imperfect election could plunge the country into violence. Hopefully, with the release of the detailed judgement, the leaders will see it fit to put the country first before self. It is quite ironical that those who seek to lead the country are falling over themselves in manoeuvres that, quite frankly, are inimical to its existence and promote lawlessness.

There has been talk of a boycott by NASA should the IEBC fail to consider its demand for minimum reforms. Nobody should contemplate a situation where either of the parties boycotts the elections. While an exercise boycotted by one party will amount to sham elections that lack credibility, unjustifiable stonewalling will equally deny voters a real choice. Kenyans deserve an alternative in a fair electoral contest.

IEBC will do itself and the country great good by engaging all key players and building trust rather than pretending all is well and sitting by and bidding time imagining that the storm will subside just like that.

Likewise, President Uhuru Kenyatta and NASA leader Raila Odinga should make their campaigns for the repeat election later this month more about rallying the country together than about retaining or taking power.Surely, Kenyans deserve better from their leaders.

From what we witnessed in the run-up to the August 8 elections and thereafter, it is easy to conclude that they have given Kenyans a raw deal. From the utter contempt to independent institutions; to the wanton disregard to decency and common courtesy, Kenyans have seen it all.

All right-thinking Kenyans must be appalled by the conduct of their leaders. While the Jubilee Party has adopted a scorched earth policy toward the Supreme Court, the NASA coalition has opted to go for individual members of the IEBC who it accuses of abetting the bungling of the presidential vote.

Though he has owned up to being angry when he vowed to deal with the Supreme Court judges for annulling his win should they win back power, President Uhuru Kenyatta has not disavowed the reckless and hateful utterances by among others, his deputy William Ruto and the Leader of the Majority, Aden Duale. It is also true of Raila Odinga who has spent most of the time grinding down the IEBC.

 No one can begrudge them the anger caused by the decisions of the two institutions. Quite naturally, it was expected that there would be one winner in the election and in the same way, it was expected that the decision of the Supreme Court would go either way; uphold or annul the declaration of Uhuru Kenyatta as president.

It is the reaction of the two contenders and their followers that continues to threaten the national fabric. As things stand, an independent, strong Judiciary remains the sole guarantor of our peace. And anyone keen on dismantling the new order deserves the strongest condemnation from all Kenyans.