The preparedness of the Kenyan Electoral Commission for the General Election

1. 07/21/12 1

2. IEBC MANDATE – Articles 88 and 89 of the Constitution
c) the continuous registration of citizens as voters;
d) the regular revision of the voters’ roll;
e) the delimitation of constituencies and wards;
f) the regulation of the process by which parties nominate
candidates for elections;
g) the settlement of electoral disputes, including disputes relating
to or arising from nominations but excluding election petitions
and disputes subsequent to the declaration of election results;
h) the registration of candidates for election;
i) voter education;
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3. IEBC MANDATE – Articles 88 and 89 of the Constitution (Cont’d)
c) the facilitation of the observation, monitoring and
evaluation of elections;
d) the regulation of the amount of money that may be spent by
or on behalf of a candidate or party in respect of any
election;
e) the development of a code of conduct for candidates and
parties contesting elections; and
f) the monitoring of compliance with the legislation required
by Article 82 (1)(b) relating to nomination of candidates by
parties.
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4. IEBC MANDATE – Section 4 of IEBC Act, 2011
Additional Mandate of the Commission –
d) the investigation and prosecution of electoral offences
by candidates, political parties or their agents
pursuant to Article 157(12) of the Constitution;
e) the use of appropriate technology and approaches in
the performance of its functions; and
f) such other functions as are provided for by the
Constitution or any other written law.
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5. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Legal Framework
c) IEBC Act, 2011.
• Regulations under Section 31 in terms of management and internal
operations of the Commission are underway.
• Policies are currently in use.
d) Elections Act, 2011.
• Commenced on 2nd Dec 2011.
• Draft Regulations under Section 109 ready for stakeholder discussions.
• Regulations must be tabled and approved by Parliament at least 6
months before the general elections.
• May need amendment if the constitutional Amendment to top up the
gender seats under Articles 97 and 98 are passed.
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6. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
A. Legal Framework …
c) Political Parties Act, 2011.
• Commenced on 1st Nov 2011.
• Draft Regulations under Section 49 ready for stakeholder
discussions.
• Process of appointing RPP and 3 Assistant RPP is currently halted
due to contradictions between the substantive provisions of the
Act and the Fifth Schedule of the Act regarding the appointment
of the Selection Committee
d) Draft Campaign Financing Bill, 2011.
• Draft Bill currently undergoing final stakeholder discussions.
• Expected to be enacted by end of January or early February
2012.
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7. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
B. Boundaries Delimitation
• Article 89 of the Constitution gives IEBC a general
mandate to delimit boundaries of Constituencies and
Wards every 8-12 years
d) Fifth Schedule of IEBC Act gives IEBC a limited
mandate to resolve issues arising out of the First
Review (as concluded by IIBRC)
• IEBC studied and analyzed IIBRC and JLA (Justice & Legal
Affairs Parliamentary Committee) Reports and produced a
Preliminary Report on 9th Jan 2012
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8. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Boundaries Delimitation (Cont’d)
• Public consultations to run for 21 days from 10th Jan –
30th Jan. Several modes are used -
• Written Memoranda –
– Email to memoranda@iebc.or.ke
– Delivered to CEC office
• Oral Submission - during County Public Hearings as per the
published schedule
• IEBC to use public feedback and prepare a Revised
Report to table before Parliament (within 14 days
after 21 days) – by 13th Feb 2012
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9. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Boundaries Delimitation (Cont’d)
• Parliamentary Committee (JLA) to discuss within 14 days –
by 27th Feb 2012 and forward recommendations to
Parliament for consideration and approval with or without
amendments (within 7 days) – by 5th March 2012
• Parliament to forward resolutions to IEBC for the
Commission to incorporate and develop the Final Report
for publication and gazettement, within 14 days – by 19th
March 2012
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10. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Boundaries Delimitation (Cont’d)
• If any person may apply to the High Court if dissatisfied
with the decision of the Commission in the Final Report
• Article 260 of the Constitution defines “person” to include
a company, association or other body of persons whether
incorporated or unincorporated (Kenyan or not)
• Application for review must be within 30 days of the
publication and gazettement of the Final Report –
between 20th March 2012 and 18th April 2012
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11. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Boundaries Delimitation (Cont’d)
• If any person may apply to the High Court if dissatisfied
with the decision of the Commission in the Final Report
• Article 260 of the Constitution defines “person” to include
a company, association or other body of persons whether
incorporated or unincorporated (Kenyan or not)
• Application for review must be within 30 days of the
publication and gazettement of the Final Report –
between 20th March 2012 and 18th April 2012
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12. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Boundaries Delimitation (Cont’d)
• The High Court must determine the Application(s) within
30 days of their filing – between 19th April 2012 and 21st
May 2012
• 30 days is the period provided by the Fifth Schedule of the
IEBC Act. The Constitution however provides 3 months
within which the High Court should hear and determine
such Applications – if this period is adopted, it will take the
process to 21st July 2012.
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13. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
C. Mapping and Coding of Electoral Units and Polling Stations
• After confirming boundaries of Constituencies and Wards
(County Assembly Wards), IEBC will allocate polling
stations and code them accordingly
• Already registered voters may wish to transfer to new
polling stations depending on the boundaries
• New voters will get an opportunity to register where they
wish
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14. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
D. Voter Education
• Voter Education will follow to sensitize the public on the
new boundaries (for 30 days)
• Voter Education on the new elective seats, registration
process and new requirements to be registered as a voter
and qualifications for candidates wishing to contest
• The Commission to partner with Voter Education
Providers in carrying out this exercise
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15. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
E. Voter Registration
• Once the public is sensitized on the new boundaries, fresh
voter registration will start
• Voters wishing to transfer, may do so
• New voters will be registered
• New data may be obtained on already registered voters –
e.g. biometrics
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16. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
F. Registration of Kenyans Residing Outside Kenya (Diaspora)
• Commission has been holding consultations with relevant
Government agencies (Ministries of Foreign Affairs and
Immigration of Persons) and representatives of different
Diaspora associations/organizations/forums
• Mechanisms are being put in place to ensure progressive
registration of and voting by Kenyans in the Diaspora –
Registration to start from Kenyan Embassies abroad
• Qualifications for registration are in the process of being
finalized
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17. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
B. Political Parties Nomination & Commission Nomination
• Section 13 of the Elections Act - Political parties to hold their
Party Nominations not less than 45 days before the general
election
• Sections 16 and 17 of the Act - the Commission to conduct the
Commission nomination not less than 21 days before the
general election (for parties and independent candidates)
• Political Parties therefore will have 23 days (45-21 days) within
which to conduct their Party Nominations
• The Commission is mandated by Article 88(4)(d) to regulate the
process by which parties nominate candidates for elections. It has
done this through stringent requirements outlined in the
Elections Act (and also Political Parties Act); e.g. gender balance
requirement, internal party democracy, etc
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18. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
H. Prosecution & Investigation of Electoral Offences
• The powers of the DPP to prosecute under Article 157
of the Constitution have been delegated to the
Commission
• IEBC can now investigate and prosecute electoral
offences
• IEBC in the process of putting mechanisms on how
to go about this – by gazetting officers as
prosecutors or work in liaison with the office of DPP
for special election prosecutors
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19. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
I. Logistics
• IEBC to rollout EVR throughout the country
• Vendors of EVR showcased various solutions –
Commission developed specifications thereof and now
procurement process has commenced for an international
tender on the kits
• IEBC working closely with KebS to review quality of
materials to be procured for elections – ink, ballot boxes,
etc
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20. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
J. Support – Financial and Technical
• Commission 2011/2012 Budget – app. USD. 134.5m
• In addition – USD. 106m for 27,000 EVR Kits (as initially planned to
cover the whole country at one go). This amount will now go down
considerably because of the extended time as the Kits will be used in
phases. 7,250 EVR Kits will be used instead – app.USD. 35.3m
• Basket Funding – app. USD. 24m (5.6%)
• International IDEA – Developing a Monitoring Tool on Early
Warning Signs on Political Violence
• IFES – Training in various BRIDGE Modules, Technical Expertise,
e.g. Boundaries Delimitation
• ERIS – Training on Dispute Resolution and Arbitration
• FES – Funded development of IEBC Voter Education Curriculum
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21. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
K. Challenges
• If the Grand Coalition is dissolved, the Commission will have
the following challenges –
 If dissolved before final boundaries are confirmed or before fresh
voter registration is undertaken –
 the Voter Register will only have the 12.4m Voters,
 no new voters will be registered,
 the new boundaries will not take effect and consequently County Assembly Wards will not be
operational
 Political parties may not be able to meet the requirements outlined in the Elections Act; such as
submitting party membership lists based on the Voters Register (if they do submit, they will not
be in compliance with the provisions of the Constitution)
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22. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS
Challenges (Cont’d)
 If dissolved after the new boundaries are confirmed but
before fresh voter registration is undertaken, the effect is
the same as above
 If dissolved after the Commission has already set and
announces the election date, the Commission will still
have to hold elections within 60 days of such dissolution.
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23. WAY FORWARD
• To consult key stakeholders and set the election date as per the High
Court Ruling
• Voter Education Curriculum and Manuals ready
• Process of engaging Voter Education Providers underway
• Regulations (under Elections, PPA and IEBC Acts) in final stages
• Campaign Financing Bill in final stage
• To monitor constitutional Amendments on the gender balance under
Articles 97 and 98 – directly affect Elections Act
• Procurement of materials and equipment ongoing
• Policies on the registration of Kenyans in the Diaspora being finalized
• Logistics and timelines being revised to take care of the new dates
• Funding – The Commission is currently negotiating for additional funds
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24. Any Questions ???
Thank You …
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