In 24 months’ time, the country will be headed to another election showdown. The window for electoral reforms is fast closing – By: Enock Mukoma
Kenya risks plunging into another electoral crisis if policies, rules regulations and structures which will ensure credible elections are not looked into. This is a recipe for chaos as the country risks repeating the same mistakes made in 2013 and 2017.
NASA, the opposing political bus has on two accounts refused to participate in country elections unless electoral reforms were implemented.
Led by its chair, Raila Odinga, the group held weekly demonstrations termed Teargas Mondays, which demanded electoral reforms and the disbandment of the Independent Electoral and Boundaries Commission (IEBC).
However, the handshake pact between him and his rival President Uhuru Kenyatta, saw an end to lobbying for the change.
IEBC will be involved in planning for the 2022 elections as the procurement of electoral materials will be on the cards. This doesn’t auger well among electoral experts and to the country at large.
What’s pending?
The National Parliament has a role to play with a number of bills yet to be passed. This includes;
- The Independent Electoral and Boundaries amendment bill that seeks to amend section 36 which will guide the redrawing of boundaries.
- A Proposal that seeks to guide the recruitment of new commissioners to the electoral body.
- The election campaign bill.
- The referendum bill.
- All the above should be done to pave way for proper preparation to a general election.
Superiority war
Protracted wars between commissioners and secretariat due to lack of clear description of roles led to the resignation of commissioners. This set the IEBC into a collision with their mandate, as the absence of one commissioner can ground operations due to lack of quorum.
However, Kenya’s newest document, the Building Bridges Initiative has been at the forefront in solving the IEBC stalemate. The report recommends replacing all the commissioners with a group appointed by political parties. This maybe even divisive
As it stands the recruitment of a CEO has stalled due to a pending court case challenging the process. Besides the Covid-19 pandemic has also halted the process due to the health guidelines that have affected every section of the economy.
However, commissioner Prof.Abdi Y. Guliye exudes confidence that the process will be completed as the commission is working on mechanisms and procedure manuals that will ensure the process is complete before the end of the year.
Electoral expert opinion
Mr. Ndung’u Wainaina, the executive director of International Centre for Policy and Conflict, told the media that the IEBC needs to be given financial autonomy and to devolve its resources down to the polling stations.
“IEBC should be reformed to restore public confidence, credibility and integrity. The problem is not the Constitution, but how the IEBC Act and recruitment of personnel is designed, which allows gross political interference,” Mr Wainaina said is quoted by media.
Mr Felix Owuor, the executive director of Electoral Law and Governance Institute for Africa, acknowledged that while some commendable work has been done by the electoral institutions, namely the IEBC, the Office of the Registrar of Political Parties, the Political Parties Dispute Tribunal and the judiciary, post-2017, a lot remains to be.
“I think the fundamental question is whether we’re better off now in terms of preparations than we were in the last parliamentary term,” he said.
Parliament’s slow pace towards enacting the proposed legislative reforms has been singled out as the biggest impediment.
The Handshake politics and the infighting within the Jubilee Party has complicated Parliament’s agenda as competing interests clash.
Nandi Senator Samson Cherargei says Parliament seems to have frozen action on electoral reforms and is waiting for the final recommendations of the BBI to guide the process.
Unfortunately, he says, that would mean that Parliament acts very late in the day for IEBC to internalize and implement the changes.
“We need reforms before the 2022 elections. But I can tell you that if you are waiting on Parliament, you may be disappointed,” he told an ELOG webinar on election preparedness.
Prof Guliye said the IEBC has furnished Parliament with all the information on areas that need review as well as the drafts of the reviews and is concerned at the speed with which parliament is dealing with the proposals.
“As a commission, we do not legislate but only advise the relevant institutions and here we deal with Justice and Legal Affairs Committee of both the Senate and National Assembly,” Prof Guliye said.
