This report is part of KHRC’s engagements with the electoral governance processes. It complements such the ‘Compilation of findings and recommendations on Kenya’s 2013-2015 By-Elections’; which assesses the gains and challenges realized in managing the emerging by-elections). It also complements ‘The Case Digest on Electoral Governance Processes in Kenya’ ; that assesses the emerging jurisprudence with respect to electoral governance processes and outcomes in Kenya.
It also reinforces a report developed in partnership with the Institute for Education in Democracy (IED) and the Kenya Section of International Commission of Jurists (ICJ Kenya) titled: From Pillar to Post: Transforming the Election Agenda in Kenya: An Electoral Stakeholders Recipe for Reforms. This report addresses the key administrative, operational, legal, policy and political challenges that continue to bedevil the electoral processes post the 2013 general elections.
The policy brief therefore looks at the progress realized by the key players in relation to electoral governance: The Electoral Management Body - the Independent Electoral and Boundaries Commission-IEBC, the Justice Sector; the Political Party Registry - Registrar of Political Parties (RPP), the media and civil society. KHRC has relied on primary data and the findings and recommendations of The Democratic Paradox: A Report on Kenya’s 2013 General Election report, and policy briefs and updates from the IEBC as well as stakeholders’ perspectives.
The brief is organized into three (3) chapters and sections:
1. KHRC’s engagements with electoral governance processes - documenting KHRC’s work from 1997 to date.
2. Problem statement, scope, objectives and methodologies of the study-justifying why and how the KHRC’s invested in this project.
3. Key findings and recommendations. This is presented within the following tabular and analytical framework: electoral processes, actors, issues being assessed, emerging recommendations on the issue, sources of information, recommendation, progress in implementation and further action.
There are several issues addressed:
Audit of electoral technology;
Election campaign financing;
Party and dispute nominations;
Elections day procedures (under IEBC);
Dispute resolution and enforcement of electoral laws (under justice sector-judiciary and security actors);
Civic education, membership and nominations for political parties(under the RPP) and
Media and civil society engagements.
From the analysis, it is evident that although there has been progress, Kenyans are yet to see transformative developments with respect to the key electoral issues enumerated above.
In conclusion, the KHRC identifies with the Francis Aywa’s observation that: “…one reality remains: Kenya is far from realizing its aspirations for elections that provide a fair opportunity for electoral competition, free from fraud. Rather than despair, the lessons from the 2013 general election should energize all stakeholders in the electoral process to re-think the continuing shortcomings of the electoral process and its management with a view to making whatever further changes necessary to entrench electoral democracy in the country. Abroad national agenda for electoral reforms can coalesce”