Five major ways to prevent the rigging of elections in Kenya

Mbita MP Millie Odhiambo at the scene where irate youths attacked Homa Bay Senator Moses Kajwang over rigging claims. PHOTO | BARACK ODUOR | NATION MEDIA GROUP

What you need to know:

  • An election that disenfranchises 30 per cent of eligible voters cannot be free, fair and credible.
  • The capping of campaign finance law was a good start.
  • There is lack of fairness and transparency, particularly in the major parties.

The credibility of an election is determined, not only by how free, fair and just it is, but also by how it is perceived by the stakeholders, most notably, the voters.

Political competition in Kenya is rarely just. More often than not, it simply depends on who can cause the greatest mayhem, or bribe the most.

South African Johann Kriegler said in his report on the Kenyan post-election violence of 2007/8: “Both sides rigged, what we may never know is who rigged more than the other.”

In my over 30-year brush with elective politics, first as a student at the University of Nairobi in the early 1980s, and more recently as a presidential running mate, I have gleaned at least 100 different ways to rig or unrig (stop rigging) elections.

FREE AND FAIR ELECTIONS

The following are the five most effective ways to ensure credible, free and fair elections:-

1) National IDs: An election that disenfranchises 30 per cent of eligible voters cannot be free, fair and credible.

About 15 per cent (or 2 million) are excluded because they do not have the documents to register as voters.

They include newly married women (often sent back to get their parents’ documents), those who have applied for IDs, those in border counties, who face higher thresholds to acquire the documents, those displaced and, therefore, cannot register or vote, those who have turned 18 between the time of voter registration and voting day, and so on.

The other 15 per cent are Kenyans in the diaspora (estimated at 3 million). Of these, the majority (2 million), including students, are of voting age.

To improve universal suffrage and credibility of elections, specific laws are required for these two categories.

REPRESENT CONSTITUENTS

2) Money and elections: Corruption has reached levels never imagined before. Political office has become a preserve of the nouveau riche. Days when poor or modestly endowed people were elected to Parliament are gone.

So are the days when one was elected purely on ability to represent constituents.

While many feel that most of the 47 governors will be voted out, I do not think so. Most of them have amassed obscene wealth, not to mention the (mis)use of state or county resources.

The capping of campaign finance law was a good start. It is unfortunate it has been shelved. 3) Party primaries: In some areas (notably Central, Nyanza and parts of Rift Valley), party nominations are the actual election.

One can’t put it better than the late politician Joseph Kamotho, who once said: “Even a dog would have been elected.” Most rigging happens at this stage.

LACK OF TRANSPARENCY

There is lack of fairness and transparency, particularly in the major parties. The worst are parties that hawk certificates.

An aspirant pays Sh5 million, and is issued with a certificate, but 10 minutes later, a competitor arrives with Sh10 million and carries the day.

Not surprisingly, some parties are opposed to IEBC conducting (or supervising) party primaries. The Constitution allows it. Let’s cleanse party primaries.

4) Compliance & enforcement: All animals are equal, but some are more equal than others. A friend confided in me that he is certain to win because if anyone tries to rig him out, he will cause mayhem. We all know about the “Women in Red” and “Men in Black”.

PREMATURE CAMPAIGNS

Kenya has its untouchables. We have seen premature campaigns; but does the IEBC really have the mettle to stop it?

The easier route is the excuse “they are mobilising voters to register”. Suppose the two leading contenders – the President and former Prime Minister – violated the Electoral Code, can the IEBC disqualify them? Fidelity to the law must be non-negotiable.

5) Technology in Elections: Debate on manual or electronic back-up has dominated the scene lately. But why not go the whole hog?

Why only electronic (biometric) registration, identification and results transmission?

Why not electronic voting (doesn’t M-Vote/M-Kura already exist), validation, tallying, verification, display and results declaration?

Though not entirely foolproof, electronic systems are less prone to rigging than manual ones, particularly if entrusted to credible handlers.

Dr Ochuodho, a former Rangwe MP, is the chairman, Kenya Diaspora Alliance. [email protected]