London case casts serious doubts on credibility of IEBC and next election

What you need to know:

  • Whatever our views on the past elections, there can be no question that the open bias of the IEBC as they themselves articulated, the infighting as we see after some staff were fired, and now the case in London, cast a heavy shadow on the credibility of the IEBC as it stands, and on the next elections.
  • For our most fragile moments in Kenya occur during elections. Our most significant challenge as a nation-state occurred after deeply flawed elections conducted by an Election body that did not enjoy public credibility having been selected by one side to the elections.

So the British Serious Fraud Office has instituted corruption charges against Smith and Ouzman.

And in doing so, we have learnt about things that have been happening in our election management body that we would never have known.

But I doubt that anyone who watches and follows events in Kenya is seriously surprised by the allegations of bribery.

For this has become a Kenyan trait, notwithstanding the wonderful clauses in Chapter Six of our Constitution. And just as any nation that calls itself “Democratic Republic” is the farthest you can get from democratic, most countries with “anti-corruption commissions” are by far the most corrupt.

Beyond these corruption allegations reaching high and deep in the electoral commission, both past and present, what is crucial is what this says about their integrity. For if someone has little integrity on money issues, then their integrity on the main role is also questionable. Thus we must question, yet again, what really happened in March 2013.

These allegations in a British court follow closely on the heels of the court action in Kenya where some staff are challenging their dismissal. The statements of the Chairman of the IEBC— on behalf of the IEBC— speak volumes on the capacity, experience and integrity of not just the staff at the commission, but also the commissioners.

And we need to remind ourselves about the open and obvious bias that this same chairman expressed against one of the presidential candidates in his final submissions at the Supreme Court.

OPEN PARTISANSHIP

Though the judges ignored these submissions, perhaps because they were offered in writing rather than verbally at a time when they seemed to have difficulties personally reading pleadings and submissions, any reasonably conscientious person would be aghast at such open partisanship.

Yes of course the named recipients of bribes are innocent until proved guilty. In fact, they have not even been charged.

But this is not about the guilt or otherwise of IEBC officials. It is not even about the past elections. It is about the next ones, and about ensuring that there is integrity in them. Whatever our views on the past elections, there can be no question that the open bias of the IEBC as they themselves articulated, the infighting as we see after some staff were fired, and now the case in London, cast a heavy shadow on the credibility of the IEBC as it stands, and on the next elections.

For our most fragile moments in Kenya occur during elections. Our most significant challenge as a nation-state occurred after deeply flawed elections conducted by an Election body that did not enjoy public credibility having been selected by one side to the elections.

So why should we go into the next elections with an election body struggling for credibility? Can we risk the almost certain tensions and troubles that this would create?

Of course to some who simply want to be in power no matter how, this could be well worth the risk.

For they often feel that they can “manage” or intimidate us all to their way. But they should remember Blaise Campaore and what happened to him when he tested his people’s patience one time too many.

And for the rest of us who care about the stability of Kenya, who feel the increasing divisions and marginalisation across the country, this is a huge price to pay. We should not pay it willy-nilly.

So yes, the best thing would be for the IEBC commissioners and senior staff to leave now so we have enough time to re-structure and transform the IEBC before the next elections.

This is the best time for that.

With the opposition disjointed, and not having much direction, Uhuru Kenyatta has a more than decent chance to retain power legitimately and legally if there is a reformed IEBC that conducts elections in a much more transparent and fairer way than the current one did.

That would be a huge boost to his confidence and perhaps reduce the need for him to prove his machismo with all these military outfits and scorched earth approaches to insecurity and conflicts.