November 23rd 2017

Top Stories / 2017 Elections

There's no need going for elections under current IEBC

Constituency results scrutinizing, verifying and announcing must be strengthened and made very transparent. No results will be collated before they have been confirmed to be true results announced and transmitted from the polling station.

By Ndung'u WainainaMonday, 18 Sep 2017 09:26 EAT

IEBC chair Wafula Chebukati (seated right) with commissioners Consolata Nkatha (seated right), Abdi Guliye (extreme left) and CEO Ezra Chiloba (in green jacket) during a media briefing at the Bomas of Kenya during vote tallying for the nullified election.

Electoral fraud is a serious crime. One of the Electoral Commission’s priorities is to ensure both that fraud is prevented from happening and that it is swiftly detected when it is committed.

In the August 8 general elections, the IEBC did not only fail in both but it was a complicit in commission of electoral fraud. The Supreme Court affirmed this in its decision, implying that there were widespread and systematic interferences with elections through electoral fraud. 

The Supreme Court noted that IEBC failed, neglected or refused to conduct election in accordance with Constitution and laws governing electoral process and procurement. The Court further made declaration that IEBC committed illegalities and irregularities. Consequently, the Court invalidated the presidential election and ordered for fresh election in accordance with Article 140 of the Constitution of Kenya. 

How then could the IEBC personnel responsible for commissions of these crimes be allowed to remain in office?  Wafula Chebukati as the Chair of the IEBC has sole responsibility of ensuring those culpable are immediately removed from office and criminal prosecutions in accordance with Election Offences Act commenced.

One thing is so far clear: someone is extremely fearful that prosecuting the culprits responsible for electoral fraud would exposé the whole fraud and the truth on who were behind it. Chebukati, after initially initiating a process to find anwers for some irregularities and illegalities from his staff members, has been intimidated to silence and forced to retreat.

Further, the masterminds behind the electoral fraud want the system that was compromised and used to commit electoral fraud to remain intact. Recall IEBC obeyed only 7 out of 16 Court orders. This is full testimony of the electoral fraud and cover up.

Someone understands so well that only rigging can be surest the way of winning an election. Hence The fight to retain crooked fo0lks at the IEBC and control the sole of IEBC and the electoral management process.

Kenya cannot go to the fresh presidential poll with IEBC officials who aided, facilitated and participated in electoral fraud still in office. That is death trap for the country. It is driving the country to a dangerous constitutional and political cliff.

All officials responsible must resign. The Supreme Court indicted them and they should not be protected from accountability. Secondly, there must a comprehensive audit of the KIEMS and servers. The technology must be fixed and secured afresh. Thirdly, the status of the voters' register must be reviewed. Mark you this is fresh presidential election.

Finally, the Constituency results scrutinizing, verifying and announcing must be strengthened and made very transparent. No results will be collated before they have been confirmed to be true results announced and transmitted from the polling station.

There must be a different company to print the ballot papers. The ballot papers number and serial must be confirmed before distribution and after ended of the voting. All polling stations must be gazetteed and officials to conduct election recruited afresh. Officials must be gazetteed. 

It is also critical that role of bodies like UNDP be interrogated and clarified. It worked very closely with IEBC and provided technical capacity that ended up disenfranchising Kenyan voters.

The writer is the Executive Director of the International Center for Policy and Conflict (ICPC).





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