Here is the link to the Carter Center press release and the full report at 172 pages is here.
I am still reviewing the full report, but in summary:
Kenya’s 2017 general electoral process was marred by incidents of unrest and violence throughout the extended electoral period and by harsh attacks by top political leaders on electoral and judicial authorities that seriously undermined the independence of the country’s democratic institutions and the rule of law. The confrontational tactics and actions of Kenya’s political leaders polarized the country and exposed the deep tribal and ethnic rifts that have long characterized its politics. Regrettably, the elections represent a major setback in Kenya’s democratic development.
As far as pre-election deficiencies the report notes the late appointment of the IEBC Commissioners leaving inadequate preparation time overall, as well as highlighting a voter register that was improved but still had major inadequacies.
The report, while noting the ELOG parallel sample results as consistent with the IEBC’s announced results, emphasizes the problems with post- voting results transmission and announcement (in the context of that confrontational rhetoric and polarized environment):
Unfortunately, for unexplained reasons, the IEBC did not utilize the full seven-day period provided by the law to consolidate and post all the official polling station results forms. Instead, the IEBC hastily declared the final presidential election results on Aug. 11, just three days after election day, based on the constituencylevel results forms, and prior to the receipt of all polling-station level results forms. Worse still, election authorities failed to ensure that parties had timely access to official polling-station level results in the days following the announcement of official results, which made it impossible for parties and observers to fully verify and cross-check the results against their internal data and reports in time to include any key evidence in court petitions.
In its press release the Carter Center recognizes the opportunity presented by the decrease in tension under the “handshake” but urges momentum on needed reforms and recommendations spelled out in the report. The existing IEBC was to host a “national stakeholders” conference this week with over 300 invitees with some of these areas touched on in the agenda, but I cannot imagine much bankable progress until there is a full commission and resolution of procurement fraud questions raised by a finalized internal audit report.
As the Center cautions:
Recent political posturing over the 2022 presidential election and the upcoming national census and boundary delimitation process raises concerns that an electoral reform process could be delayed.
To move electoral reform forward, parliament should move swiftly to ensure that the requisite number of IEBC commissioners are in place. Meaningful reform cannot be implemented without a fully functioning commission.
As the only foreigner who applied as of 7 November 2016 for IEBC Chair and Commissioner all I can say is that well documented “glitches, lapses and gaps” from 16 November 2016 onwards ensured that credible elections could not be held in Kenya on 8 August 2017. One year after the historic Supreme Court decision nullifying the results of the presidential contest the IEBC is in shambles having spent $600 million on botched scarcely credible elections that concluded only after an incomplete presidential repeat was more or less held on 26 October 2017.
With all due respect to the Carter Center, USG, EUEOM, UK, etc ad infinitum ad nauseum the 2017 general elections as a process rather than merely an event demonstrates that the Kenyan Humpty Dumpty that fell off the wall at the end of the 2007 elections is very far from being put back together again!
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