Report says electoral laws key to credible elections

By STEPHEN MAKABILA

The Independent Electoral and Boundary Commission (IEBC) enjoys public confidence in its ability to conduct a free and fair General Election on March 4.

The IEBC’s high rating is contained in the Kenya National Dialogue and Reconciliation (KNDR)’s 14th review on electoral preparedness for the last quarter of this year, released on October 31.

“Although the IEBC is operating behind its original schedule and despite the controversy over the acquisition of the Biometric Voter Registration (BVR) kits, it still enjoys a high degree of public confidence in its ability to conduct a free and fair General Election in March 2013,” states the report.

The findings of the  report were prepared by South Consulting – the research firm designated by the Panel of Eminent African Personalities led by former UN Secretary General Kofi Annan to undertake independent monitoring and evaluation of the implementation process for KNDR.

However, the report says in light of this goodwill, it is important for IEBC to conduct its affairs transparently and with a high degree of competence. The report states that key among IEBC’s responsibilities is the need to enforce the Political Parties Act, successfully compile a new and accurate register of voters, and establish a foolproof and transparent system of counting, transmission and tallying of results.

“In order to maintain or increase public trust and to shore up its competence, IEBC should commence voter registration as currently scheduled, and do everything in its power to ensure that the exercise is not only concluded in good time but also results in a voters register that is more credible than the current one,” says the report.

Disputes

According to IEBC chairman Issack Hassan, voter registration is set to kick off following the arrival of BVR kits in the country, with more dispatches expected.

The KNDR  report says IEBC should also enforce the Political Parties Act and other election laws without fear or favour, in order to establish a climate of legal compliance in the run-up to the next elections.

“IEBC should not only design an effective and credible results collation and transmission system but also test it and clean up errors that may open the system up to criticism in the event of a close contest, especially in the presidential election,” states the report. On election disputes, the report points out that Kenya’s laws now provide for multiple avenues of election dispute resolution and the courts are merely the final arbiter in the delivery of electoral justice.

Interference

Just like the IEBC, the report shows the Judiciary reforms have increased public confidence in courts compared to the run-up to the 2007 General Election and the period thereafter.

“It has not only focused on its own renewal and improvement but is gearing up to play its critical role as the bulwark for electoral justice in electoral disputes arising from the next elections, under the leadership of the Judiciary Working Committee on Election Preparations,” added the report.

However, the report says in  addition to implementing the critical aspects of the Judiciary Transformation Framework, the Judiciary should safeguard against future political interference and elements opposed to reform.

Further, Parliament needs to heed the advice of the Judiciary Working Committee on Election Preparations and pass  amendments to the Elections Act to allow magistrates courts to hear county assembly election disputes, and promulgate a new robust subsidiary legislation framework for election disputes.