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KHRC Electoral Case Digest KHRC Electoral Case Digest

Date added: 08/21/2015
Date modified: 08/21/2015
Filesize: 2.35 MB
Downloads: 103

This digest seeks to ascertain the true extent of the progress made in Kenya‘s electoral reforms in as far as electoral dispute resolution is concerned. While it does not devote itself to extensively analyzing the organizational structure of the IEBC and Judiciary, it considers how electoral dispute resolution has been undertaken under the new legal and institutional order. It does so by considering various aspects of the dispute resolution process and highlighting jurisprudence emerging from the interpretation of the legal framework on electoral dispute resolution.

It is expected that this analysis will be valuable to various stakeholders in improving the electoral system further and thereby enhancing the constitutionally safeguarded right to free fair and regular elections.

Elections Management Audit- Policy Brief Elections Management Audit- Policy Brief

Date added: 08/21/2015
Date modified: 09/03/2015
Filesize: 2.27 MB
Downloads: 115

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:

 Voter nomination;

 Audit of electoral technology;

 Voter education;

 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”  

By Elections Policy Brief By Elections Policy Brief

Date added: 08/21/2015
Date modified: 08/21/2015
Filesize: 2.36 MB
Downloads: 87

The 2013 electoral process was marred with major challenges that were associated with voter education, voter registration, party primaries, procurement of electoral materials and equipment, election day procedures and election disputes that resulted in a significant section of stakeholders including election observers to term the process as neither fully credible nor transparent. The conduct and outcome of the elections was contested and consequentially one hundred and eighty seven (187) election petitions1 arose in respect of the elections.

The Independent Electoral and Boundaries Commission (IEBC) which is mandated by the Constitution of Kenya2 to conduct or supervise elections including inter-alia registration of voters, regulation of the political parties’ nomination process, voter education and settlement of specific electoral disputes; has admitted to the challenges that were noted by observers. IEBC has agreed to make improvements or changes to ensure that future electoral processes are free, fair, transparent and credible.

The by-elections conducted after the 2013 general elections therefore provided an important avenue to note any improvements in the conduct and management of elections. 187 election petitions were filed to contest the conduct and outcome of the 2013 general elections . Among these, 263 were successful and occasioned the conduct of by-elections. Besides petitions, the IEBC also conducted some by-elections that were as a result of other factors such as the untimely demise of incumbent legislators

In a bid to ensure that the forthcoming 2017 elections move closer to the constitutional ideal of being free, fair, transparent and credible; KHRC sought to evaluate the post-2013 election period. This was done by monitoring by-elections as part of broader interventions seeking to harness the lessons from the 2013 polls.

Insult to Injury Insult to Injury

Date added: 06/15/2015
Date modified: 06/15/2015
Filesize: 1.86 MB
Downloads: 348

During five weeks between mid-June through July 2014, armed gunmen who in most cases claimed to be part of the Somalia-based armed Islamist group Al-Shabaab, attacked a passenger bus and at least eight villages in the Kenyan coastal counties of Lamu and Tana River. The attackers killed 87 people including four security officers, and destroyed approximately 30 buildings and 50 vehicles.

Kenyan security forces were slow to respond to the attacks, leaving villages unprotected and when they eventually responded, their actions were often discriminatory, beating, arbitrarily detaining and stealing personal property from Muslim and ethnic Somalis in the two counties. A year later, despite numerous law enforcement operations along the coast, hundreds have been arrested and mistreated, only to have charges dropped for lack of evidence and no one has been held responsible for the attacks.

This report, an outcome of a 10-day research mission in Lamu and Tana River counties by Human Rights Watch and the Kenya Human Rights Commission, and follow-up research in Nairobi, documents the initial attacks and the Kenyan government’s response, including abusive operations by security forces in the aftermath of the attacks.

NEWSLETTER: KHRC's Participation at the 30th NGO Forum and 56th ACHPR NEWSLETTER: KHRC's Participation at the 30th NGO Forum and 56th ACHPR

Date added: 05/25/2015
Date modified: 05/25/2015
Filesize: 1.08 MB
Downloads: 221

KHRC participated in the 56th ordinary session of the African Commission on Human and People Rights (ACHPR) which took place from April 21- May 7, 2015 in Banjul, Gambia. KHRC also participated in the NGO Forum (April 17-19, 2015) whose main objective is to foster closer collaboration among NGOs and with the ACHPR, for the purpose of promoting and protecting human rights in Africa. The forum is organized into three main thematic areas namely: the Status of Human Rights and Democracy in Africa; Special Interest Groups Discussions and; Networking for Human Rights.

The ordinary session on the other hand provides an opportunity for civil society to engage the Commissioners of the ACHPR directly and in line with their respective mandates.

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