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.