A well successful electoral process has to meet a series of standards: Conducive environment for a successful and democratic electoral process, managing elections competently and inspiring public confidence in the electoral process, settling electoral disputes efficiently and effectively, according to Research on the Implementation of the Report of the Independent Review Commission (Kriegler Commission) and Appropriate Recommendations for Advocating Adoption of Research Findings by Stakeholders, a report by Transparency International – Kenya Chapter.
On paper, the IEBC was prepared, in terms of legislation and institutional structures. It was one of the strongest commissions, as regards resources and teeth.
Yet by the time Kenya went to elections in March 2013, IEBC had delayed on virtually every step of the electoral timetable. Indeed, the timelines in the preparation for the elections in 2013 had been greatly compromised.
The date for the delivery of the last batch of ballot papers had been moved from February 22, 2013 to February 26, 2013.
The poll registers had problems. In fact, the Commission held a crisis meeting on February 18, 2013, to try to resolve the issue. There were concerns that the public would not have enough time to scrutinize the registers.
ECK was to establish a clear, non-adjustable timeframe within which all parties would hold their primaries and certify their nominees.
Section 13 of Elections Act requires political parties to nominate their candidates at least 45 days before the general elections. This deadline was elastic and the IEBC moved it several times to within less than 45 days stipulated in the law. It revised the deadline for submission of nomination certificates by candidates several times. That apart, IEBC failed to supervise the primaries. It was free-for-all affair.
For instance, whereas only 2 million Kenyans were registered with political parties, more than 6 million took part in the nominations.
Jubilee Coalition had registered 261,476 members (TNA 153,352 and URP 108,124) yet returns indicated that 3.5 million took part in the coalition’s primaries. CORD reported a turn-out of 1.2 million yet ODM had 83,526 registered members, Wiper Democratic Movement 80,645, and Ford-K 74,008.
Structured voter education had not been properly done. Civic education had also suffered similar fate.
There were delays by the IEBC in commencing voter registration which could have resulted in some voters being locked out due to the time pressures and other stringent requirements. The IEBC commenced voter registration on 18th November 2013 and concluded the exercise within 30 days.
Public verification of registration took 15 days.
Stakeholders worked on the election regulations and guidelines in 2010 yet it took almost two years for the IEBC to draft them.
They were gazetted just two days before the dissolution of the 10th Parliament in mid-January. Thus, Parliament had a very short time to discuss the guidelines.
According to the timeline, the regulations and guidelines should have been published six months before the elections.
The laws arrived too late because the IEBC failed to adequately advise Government on legal reforms, in accordance with its mandate.
Voter education was uncoordinated and ad hoc.
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