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This article participates on the following special index pages:
Unity governments - Kenya experience - Index of articles
Independent
enquiry into the Kenyan Electoral Commission
Kriegler Commission [Independent Review Commission
(IREC)]
September 20, 2008
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Executive summary
On 30 December
2007, following announcement of the presidential election results,
violence broke out in several places across Kenya amid claims that
the Electoral Commission of Kenya (ECK) had rigged the presidential
election. Sporadic eruptions continued for many weeks, bringing
death and destruction to thousands of Kenyans. An African Union-sponsored
Panel of Eminent African Personalities led by former United Nations
Secretary General Kofi Annan brokered a settlement which heralded
a government of national unity between the main political parties
and a common commitment to urgent constitutional reform. The settlement
included the appointment of two commissions, one to examine the
violence and the other, the Independent Review Commission (IREC),
to examine the December 2007 Kenyan elections from various perspectives.
In conformity
with its terms of reference (ToRs) IREC now presents its findings
and recommendations, based on its analysis of the legal framework
for the conduct of elections in Kenya, the structure, composition
and management system of the ECK and its organisation and conduct
of the 2007 electoral operations. The report specifically examines
the integrity of the whole electoral process, from voter registration
and nomination of candidates through voting, counting, transmission
and tallying to dispute resolution and post-election procedures,
deals with the role of political parties, observers, the media,
civil society and the public at large, and comments on the independence,
capacity and functional efficiency of the ECK.
Main
findings
Kenya's
constitutional and legal framework relating to elections contains
a number of weaknesses and inconsistencies that weaken its effectiveness.
This legislation needs urgent and radical revision, including consolidation.
The electoral
management process as a whole needs revision During the preparation
and conduct of the 2007 elections the ECK lacked the necessary independence,
capacity and functionality because of weaknesses in its organizational
structure, composition, and management systems.
The institutional
legitimacy of the ECK and public confidence in the professional
credibility of its commissioners and staff have been gravely and
arguably irreversibly impaired. It lacks functional efficiency and
is incapable of properly discharging its mandate.
The conduct
of the electoral process was hampered and the electoral environment
was polluted by the conduct of many public participants, especially
political parties and the media.
There were serious
defects in the voter register which impaired the integrity of the
2007 elections even before polling started:
- it excluded
nearly one-third of eligible voters, with a bias against women
and young people
- it included
the names of some 1.2 million dead people Serious anomalies in
the delimitation of constituencies impaired the legitimacy of
the electoral process even before polling started.
There was generalised
abuse of polling, characterised by widespread bribery, votebuying,
intimidation and ballot-stuffing. This was followed by grossly defective
data collation, transmission and tallying, and ultimately the electoral
process failed for lack of adequate planning, staffselection/ training,
public relations and dispute resolution.
The integrity
of the process and the credibility of the results were so gravely
impaired by these manifold irregularities and defects that it is
irrelevant whether or not there was actual rigging at the national
tally centre. The results are irretrievably polluted.
Main
recommendations
All political
role-players in Kenya should recognise that materially defective
elections accompanied by public violence will remain a feature of
life in their country absent a concerted and sustained commitment
to electoral integrity by all Kenyans.
Radically reform
the ECK, or create a new electoral management body (EMB), with a
new name, image and ethos, committed to administrative excellence
in the service of electoral integrity, composed of a lean policy-making
and supervisory board, selected in a transparent and inclusive process,
interacting with a properly structured professional secretariat.
Devise, implement
and maintain appropriate executive, legislative and political measures
to enable the reconstituted or new EMB to initiate, popularise and
sustain a national commitment to electoral integrity and respect
for the inalienable franchise rights of Kenyan citizens.
Empower the
EMB, by means of executive, legislative and political measures properly
to perform the essential functions entrusted to it under sections
42 and 42A of the Constitution (delimitation and the conduct of
elections and associated activities). Adopt a new voter registration
system. Agree (as part of the constitutional review process) on
an electoral system, which puts to rest the continuous discussion
about a new electoral system for Kenya. Choose and implement the
necessary constitutional and other legal amendments to give effect
to whichever of IREC's recommendations are accepted.
Minority
opinion
Two members
of the Commission held a dissenting view on some of the findings
reported in Chapter 6. Their opinions are presented in italics at
the end of each of the relevant paragraphs.
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