US lobby wants deadline for Supreme Court to resolve cases extended

The US based Carter Centre has made several recommendations on strengthening the electoral process in Kenya, following last year’s divisive exercise.

The lobby which described last year’s elections to represent a major setback in Kenya’s democratic development, argues that key changes need to be made ahead of 2022 polls.

The Carter Centre report includes a set of recommendations to Parliament, the IEBC and political parties on key changes that will ensure credible polls in future.

Among the recommendations include a comprehensive review of the electoral legal framework, including for party primaries and electoral dispute resolution, should be conducted to address gaps and inconsistencies identified by stakeholders, civil society organizations, and the election commission during the 2017 election cycle.

“This consultative process should be inclusive and start immediately, well in advance of the next election cycle, to enhance legal certainty and avoid unnecessary future litigation. Overall, the law would benefit from consolidation into one comprehensive electoral code.”

Parliament, the report adds, should consider extending the deadline for the Supreme Court to resolve challenges to the results of a presidential election from the current 14 days to a minimum of 30 days.

“This would allow for a thorough consideration of all issues and sufficient time to implement a recount if the court deems it necessary.”

Depending on the outcome of a pending court case regarding the late amendments passed in October by the ruling party, the report says, another amendment might be necessary to clarify that election results should only be annulled when irregularities are shown to be of sufficient magnitude to affect the outcome

“While a provision along these lines was included in October’s proposed amendment, it might be necessary to introduce such a provision as part of a new amendment following broad political consultation.”

The Carter Centre that had a team of election observers led by former secretary of State John Kerry, says the electioneering period was highly charged with political leaders targeting key institutions.

Kenya’s ethnic divisions, the lobby says, were clearly visible during the elections while incidents of violence were reported with police taking the blame for deaths of demonstrators, especially in opposition strongholds.

“The confrontational tactics and actions of Kenya’s political leaders polarized the country and exposed the deep tribal and ethnic rifts that have long characterized its politics. Regrettably, the elections represent a major setback in Kenya’s democratic development,” Carter Centre said in its final report released in Washington on Wednesday.

The report fails to directly mention President Uhuru Kenyatta or his rival Raila Odinga who led their troops in attacking the Judiciary and electoral commission respectively, even as it acknowledges the attacks undermined the electoral process.

The report adds; “Kenya’s 2017 general electoral process was marred by incidents of unrest and violence throughout the extended electoral period and by harsh attacks by top political leaders on electoral and judicial authorities that seriously undermined the independence of the country’s democratic institutions and the rule of law.”

The group says the repeat presidential election faced several hurdles including court cases seeking to halt it including the incident where Supreme Court was unable to sit due to quorum hitches.

However, Carter Centre believes the repeat poll could have given not only IEBC an opportunity to improve on the mistakes that led to the nullification of the first election but also ensure an ‘all inclusive’ exercise.

“Unfortunately, however, Kenya’s political leaders missed a critical opportunity to ensure an inclusive and transparent election. While the circumstances surrounding the missed court hearing are disputed, the environment leading into the Oct. 26 election was marked by increased insecurity, an uncertain political environment, and an opposition boycott that resulted in a largely uncontested election.”