At last the appellate court has settled the dispute on the presidential ballot papers involving the Dubai-based Al Ghurair firm. NASA had claimed that the firm had close links with top leaders of Jubilee Party who are the main rival. The High Court went ahead to suspend the firm from printing presidential ballot papers throwing the election preparations into uncertainty.
What lessons can we draw from the legal challenge regarding the whole process of elections? First, the election outcome is a function of a transparent and credible process. All agencies mandated to supervise and prepare the elections must be impartial and act in the greater good of the country. Anytime the agencies act in a manner that casts doubts or suspicion on a section of the stakeholders then the process will suffer a credibility crisis.
Second, courts are main arbiters in the electoral contest. Parties should be encouraged to go to court to whenever there is a dispute. Those faulting the opposition for going to court are dead wrong. What Kenyans should demand of courts is to act fairly and in national interest. Otherwise, the alternative to court process is anarchy. Third, the election is a very sensitive and emotive process.
The process holds the future of the country.
Thorough preparations are critical for successful elections Thus, it is not just having an election but a credible one. A poll must meet legitimacy and legal threshold. Fourth, election is a complex process involving different stakeholders with diverse interests. Each of these actors matters in the entire process. Fifth, players in the election are required to play by the rules. Often some players choose to violate the laws of the country and election code of conduct. When that happens the process is undermined. This has the potential of triggering chaos.
Sixth, the people have a right to be furnished with poll results in a timely manner. Election results will be announced at the polling station. Election laws also demand that the results be posted to a public portal. Further enhancing transparency. Seventh, the numerous cases filed in courts is a vote of confidence in the Judiciary.
More legal suits strengthen the courts since the judges are forced to research on explosive cases before delivering a verdict. I congratulate the courts for earning the trust of the citizens. By and large, the elections is as good as the process. Kenyans would like to be assured of a free, fair and credible poll. Failures or shoddy preparations are unacceptable.
The poll body owes us a seamless process. We are on the radar of international community. IEBC should not disappoint.
Benard Amaya, Nairobi
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
join