IEBC audit report reveals big flaws in nominated MCAs list

What you need to know:

  • The names of nominees in special categories of youth, the marginalised, people with disabilities and minorities were either replaced.

  • The audit calls for a lot more scrutiny of the lists by the agency, and a lot more responsibility on the part of nominating parties.

  • While not disputing its contents, IEBC communications manager Andrew Limo said that document “can’t be from us.

An internal audit by the electoral commission has revealed glaring inconsistencies in the administration of party lists, with some people being nominated though their names had not been forwarded by any political party.

The damning report also shows that the names of nominees in special categories of youth, the marginalised, people with disabilities and minorities were either replaced and new ones introduced and variations made in ranks but the commission still gazetted them.

NON-COMPLIANCE

Though an internal document only meant for the Independent Electoral and Boundaries Commission management to highlight flaws and recommend changes, the audit calls for a lot more scrutiny of the lists by the agency, and a lot more responsibility on the part of nominating parties.

“Weaknesses were noted in the process of nomination. This was majorly due to non-compliance with relevant provisions of the Constitution and the Elections Act, culminating in conflicting party list information,” the report dated February 12, 2018 says.

COURT CASES

“The magnitude of the weaknesses contributed immensely to the recent cases of party list disputes and court cases that the commission encountered, or still continues to encounter.”

As a testament to this problem, a total of 89 petitions were filed in court to challenge the nomination list, 80 of them challenging that of members of county assemblies.

The audit report also raises pertinent issues as it states that 1,417 nominees in the party list were missing in the voter register while 3,084 nominees in 55 political parties were not registered members of their nominating outfits.

REPORT DISPUTED

Yesterday, Jubilee secretary-general Raphael Tuju, whose party was the most affected, said going forward, a lot more care should be taken in the lists. “At one point, the errors were so many we wrote letters and asked for corrections. Others, however, still ended up in courts with various cases by our members challenging the list,” said Mr Tuju. “If there is any discrepancy, or any form of corruption which went into this list, then I think the first people we should ask is the IEBC.”

While not disputing its contents, IEBC communications manager Andrew Limo said that document “can’t be from us. It is even unsigned. My boss is unaware of such a report.”

REPUTATIONAL RISKS

The document says some names contained in the IEBC gazette notice No. 8380 of August 28, 2017 by chairman Wafula Chebukati contravened the law and further warns that the commission is exposed to reputational risks.

It singles out names of nominees contained in the notice. In Nyeri, for instance, the document says that Ms Millicent Cherotich was successfully gazetted in the Jubilee Party marginalised list yet her name was not in the submitted list. Jubilee party and IEBC is yet to announce Ms Cherotich’s replacement after she lost a petition that challenged her nomination.

The case is the same for Ms Zaituni Zainabu whose name was gazetted, but was not in the submitted list.

GAZETTED LIST

In the Siaya ODM party list for the marginalised group, IEBC audit says Mr Andrew Omwende Omolo was not in the published initial list but was later gazetted as a nominee.

Ms Imelda Sylvia Oduor (youth) was ranked third in the published ODM party list. However, she was excluded in the gazetted list and was replaced by Ms Nancy Adhiambo Wamwai who was ranked sixth.

In Meru, Mr Philip Abubakar Oluoch (youth) and Mr Asenath Kaimuri Nyamu (disabled) — nominated by the Kenya Patriots Party — are listed as new entrants replacing Ms Mercy Mugure and Mr Mburugu Ephraim Mwirigi respectively, whose names had been forwarded by Jubilee party.

RANKING ORDER

The report also brings to fore how the failure by the 11th Parliament to legislate on what constitutes “youth”, “minorities”, “disabled” and “interest groups” may have handed political parties the opportunity to abuse the law by nominating undeserving individuals.

Inconsistencies in ranking order and replacement of nominee’s names were noted between the published party list of July 23, 2017 and gazetted list of August 28, 2017 in both ODM and Jubilee parties.

In Mombasa, ranks for five marginalised category nominees in the ODM list were altered, contrary to IEBC regulations.

REPLACEMENTS

In Nyamira County party list (gender) for ODM Party, Ms Reene Nyakwario Mayaka was replaced by Ms Damaris Nyarangi Mouni, while in Nairobi County, Ms Catherine Okoth was replaced by Ms Malenya Eve.

“There was no adequate explanation on the above replacements of nominees,” the report noted.

The law provides that in the event that some names are rejected by IEBC, the commission is required to notify the parties within two weeks.