Kenya's democracy, justice and peace were all on trial at Bomas

When IEBC chairperson Wafula Chebukati was whisked to safety after chaos erupted at Bomas of Kenya before presidential results were announced. [Standard]

On August 9, 2022, observers, media and agents observed and scrutinised the polling and counting at polling stations, where presidential elections results were recorded in form 34A, scanned and transmitted simultaneously to the constituency and the national tallying centres.

The results of governor, senate, woman representative, member of National Assembly and Member of County Assembly elections were not transmitted electronically. Only presidential elections results are transmitted electronically under the law and court decisions. The results announced at polling stations for president are final, in case of a dispute. This is why the role of presidential candidates' agents; the media and observers is critical. Every presidential candidate should have well trained agents in every polling station. Lack of agents and observers in all the 46,229 polling stations was regrettable.

In my observation experience, voter education and elections observation throughout all polling stations are the most important exercises in ensuring electoral integrity and the sanctity of secret ballot.

In some polling stations, we observed presiding officers denying agents access, claiming there were too many independent candidates and each had to be given an agent and insisting that if Kenya Kwanza or Azimio One Kenya agents were already inside, they can observe for other five elections or take shifts!!

In other stronghold polling stations, agents were not present at all. Some observers were also denied entry in some strongholds polling station and accessed them only after interventions at higher levels of IEBC. We observed incredibly high numbers of rejected ballots; with some constituencies having more than 900 rejected votes. If you average these numbers for all 290 constituencies, that number begins to matter in a closely contested poll.

Furthermore, observers can only speak with certainty about what we observed. Since 2002, the polling and counting at polling stations has improved exponentially but we don't know what happens in the transmission, collation and tallying of those results because these processes are harder to observe and we can only trust what the chairman and commissioners tell us.

Although everyone had access to the IEBC portal; with the 46,229 forms 34A, only a few have capacity to aggregate the numbers; IEBC did not aggregate the results from forms 34A and 34B and form 34C was not downloadable at all, so no one actually knew the results until Mr Chebukati announced them.

The media tried but at some stage they all waited patiently for the final tally with everyone claiming to have won. Consequently, it is necessary to allow electoral justice to take its course. After all, if contestants and litigants had not gone to court previously, the electoral process would not have been as transparent as it was and things would have been worse. It appears the courts are actually strengthening democracy and expanding electoral jurisprudence. It also provides parties with opportunity to demonstrate to their supporters that their support is important to them and by seeking electoral justice, calm them down and allow them move forward.

Finally, I was saddened by the conduct of the chairman and the four commissioners who did not associate with the final tally. Granted both sides had reasons for their actions; perhaps they could have handled the matter differently.

The chairman had up to Tuesday to announce the results; he could have made attempts to find an amicable solution with the agents and fellow commissioners; he could have sought Kenyans' indulgence for one more day. And if he didn't succeed in his quest for an amicable solution by Tuesday afternoon, then announce what he had tallied.

The four commissioners could also have raised red flags in the five days and nights we were all literally spending at Bomas and perhaps also informed Kenyans of their concerns.

Perhaps the Returning Officer for presidential elections should be the Chief Justice like in Botswana to ensure objectivity and trust.

The agents and supporters of the two main candidates could have also conducted themselves better. Voters have demonstrated incredible political maturity and stoicism; the referees and key players should return the compliment.

Violence, intimidation and chest-thumping should have no place in our democracy. This is our country.