IEBC must regain confidence to ensure credible repeat poll

What you need to know:

  • The Independent Electoral and Boundaries Commission (IEBC) must exercise its constitutional powers and call off the fresh presidential election planned for October 26, and prepare for a poll that is simple, accurate, transparent, verifiable, secure and accountable.
  • The IEBC must ensure a level playing field in strict observation of the Supreme Court of Kenya ruling.  
  • The commission must carry out its duties or roles in a professional, transparent and impartial manner.

Credible elections have to meet three essential criteria: Inclusiveness; transparency; and accountability. 

That is the only way to gain the trust of the competitors and the public. 

The Independent Electoral and Boundaries Commission (IEBC) must exercise its constitutional powers and call off the fresh presidential election planned for October 26, and prepare for a poll that is simple, accurate, transparent, verifiable, secure and accountable.

Under Article 88 of the Constitution of Kenya 2010, the direction and control powers of the preparation of all elections are vested in the commission.

OCTOBER ELECTION

It must invoke these powers and call off October 26 election.

The IEBC must ensure a level playing field in strict observation of the Supreme Court of Kenya ruling.  

When elections are credible, free and fair, they promote democracy, human rights and security.

But when elections are fraudulent they trigger political instability.

ELECTION INTEGRITY

Thus, for democracy to fulfil its potential as a means for peacefully resolving social and political conflicts, the integrity of elections is cardinal.

An election with integrity produces a government with a legitimate authority to govern.

It will be suicidal for the country to proceed with an election that has a deep deficit of credibility, inclusivity and integrity.

It will be tragically reckless of the IEBC to hold an election in a highly polarised and toxic environment, both ethnically and politically. 

DEMOCRACY

Democracy being the basic feature of Kenya’s constitutional set-up, there can be no two opinions that free, credible and fair election alone would guarantee the growth of a healthy democracy, stability and security.

It is remembered that the chair of the defunct Electoral Commission of Kenya was prevailed upon not to announce the winner in the highly contested 2007 presidential election, but he failed to listen, with serious consequences.

The IEBC must abandon the October 26 election and seek a structured dialogue consensus that leads to the holding of an election in accordance with the direction of the Supreme Court of Kenya when it nullified the August 8 election.

The court ordered IEBC to conduct a fresh election in accordance with Article 140 of the Constitution.

CONSTITUTION

When the court invalidated the election, the IEBC was expected to hold a fresh election starting with nomination of candidates.

This is consistent with the Constitution and laws governing conduct of elections.

It is foolhardy to go on with an election where a candidate commanding almost half the country is excluded.

The Constitution has set out clearly provisions for temporary incumbency with limited functions during the election period so as to guarantee a credible election and succeed in instilling public confidence in the electoral process and results.

MANDATE

The temporary government’s core mandate is to oversee the conduct of election and to serve until a new government is elected and formed.

It is important that in this pre-electoral period, the rule of law and human rights are respected and that the State respects constitutional provisions in order to build a truly inclusive and resilient constitutional democracy, the foundation for durable economic and social development.

To conduct a credible election, the IEBC has to deal with a few critical challenges.

The first is to regain trust of the stakeholders.

AUTHORITY

It must ensure its own and electoral process independence from interference by other government institutions and political interests, be impartial in decision-making and professional in their make-up.

The IEBC must establish its full authority over election administration.

Transparency and fairness in all decisions and activities are the key cornerstones for conducting credible elections.

The commission must carry out its duties or roles in a professional, transparent and impartial manner.

Mr Wainaina is the executive director, International Centre for Policy and Conflict @NdunguWainaina