Five years ago, we were clear about the legal framework to govern the next polls, all that was waiting is to finalise the question of commissioners.
This time around we got the final set of Commissioner slightly earlier.
One may argue that we are better prepared in this regard than previous elections.
This is the last contribution in this column before we officially usher in 2022, which is an election year in this country.
Five years ago, we were clear about the legal framework to govern the next polls, all that was waiting is to finalise the question of commissioners.
This time around we got the final set of Commissioner slightly earlier. One may argue that we are better prepared in this regard than previous elections.
However, a few months difference does not amount to better preparations, especially when the totality of events is considered.
Just this past week members of the National Assembly debated, inconclusively proposed amendments to the Political Parties Act.
Best practice requires that the legal framework for an election be stable and unchanged at least one year to an election.
In Kenya’s context though just under eight months to the 2022 elections, and the debate on legal reforms is just starting.
This has two negative consequences. Firstly, it impacts on preparations for the ensuing elections, since critical actors are not fully aware of what provisions may change.
How do you prepare training materials if you are a player who needs to training staff? How do you know what compliance requirements will be imposed on you if you are a potential candidate?
Secondly the reason why it is dangerous to change posts too close to an election is because the fault lines are already drawn and the self-interest in legislation is only too evident.
The country will remember that in the run up to the 2013 elections, Members of Parliament changed the timelines for nominations to suit their selfish interest. This does not augur well for credible polls.
The situation is exacerbated by several other tell-tale signs. First IEBC complained of lack of adequate funds, stating that they got a few billion shillings less than they asked for.
Consequently, they could not carry out mass voter registration for long enough to register the numbers they had targeted.
Recent news though indicated that they have since been allocated additional sums.
Soon after this, came the question of the election preparedness committee chaired by the Chief Justice but convened by the Ministry of Interior and which the IEBC originally participated in and then pulled out of citing interference with their constitutional mandate of organising elections.
The management of elections is bestowed on the IEBC, a duty whose performance requires that it does not take instructions from any quarters.
Any attempt to compromises this independence impairs the credibility of the polls being organised. At the same time though free and fair elections requires collaboration between IEBC and several other agencies. It is not possible to go it alone.
Balancing these two standpoints is mandatory for successful 2022 polls. The way the committee has been handled is not optimal. Unless the reset button is pressed urgently, we are setting the stage for trouble.
The stakes for the next elections are high. The leading presidential candidates are already crisscrossing the country campaigning even before the official election period has set in. However, the level of preparedness still leaves doubts in ordinary Kenyans’ mind.
The electoral management body has, for example, attempted in the past to hire a substantive CEO only for the process to be stopped by the courts.
Just like 2017, procurement processes too seem set to be problematic if the legal challenges to recent exercises by the IEBC are anything to go by.
Time is ripe to move towards a more concerted, coordinated and confidence-boosting preparations and communications on the next polls. The success of the next elections will not depend on IEBC alone.
It will require concerted efforts by stakeholders. The future of the country depends on the credibility of those polls.
It is imperative that Kenyans take up their sovereign responsibility and demand from all actors, demonstrable commitment and practical action geared towards delivering an election that meets the standard set in the Constitution.
This requires that the process roadblocks and cobwebs be removed to enable us to have a smooth road that will give all electoral players an even ground to compete and Kenyans the freedom to make their choice and for those choice to be respected.
