KENYA UNITED NATIONS COUNTRY TEAM RETREAT 16 TH -19 TH JANUARY 2013 STATUS OF KENYA PREPARDNESS FOR THE ELECTION PROCESS PRESENTED BY AHMED ISSACK HASSAN, EBS IEBC CHAIRPERSON 18 TH JAN

IEBC A. INTRODUCTION: IEBC MANDATE {Articles 88 & 89 of the Constitution}  Kenya’s new constitutional dispensation provide for electoral democracy through introduction of new changes that will guide the electoral process.  The Constitution established the Independent Electoral and Boundaries Commission under Article 88 and gave specific mandate. 2

IEBC IEBC MANDATE conti…… a) the continuous registration of citizens as voters; b) the regular revision of the voters’ roll; c) the delimitation of constituencies and wards; d) the regulation of the process by which parties nominate candidates for elections; e) 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; f) the registration of candidates for election; g) voter education; 3

IEBC IEBC MANDATE (Cont’d) h) the facilitation of the observation, monitoring and evaluation of elections; i) 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; j) the development of a code of conduct for candidates and parties contesting elections; and k) the monitoring of compliance with the legislation required by Article 82 (1)(b) relating to nomination of candidates by parties. 4

IEBC Additional Mandate { Sec. 4 of IEBC Act, 2011 } a) the investigation and prosecution of electoral offences by candidates, political parties or their agents pursuant to Article 157(12) of the Constitution; b) the use of appropriate technology and approaches in the performance of its functions; and c) such other functions as are provided for by the Constitution or any other written law. 5

IEBC THE ELECTION CYCLE 6

IEBC (a)Continuous Registration of Citizens as Voters – Art. 88(4)(a)  S. 5 of the Elections Act provides that voter registration, in the case of a general election, shall stop at least 60 before the general elections  Voter Registration (BVR) opened up for 30 days (19 th Nov – 18 th Dec, 2012) – 77 days before the general elections  BVR enhances voter identification using biometric features and eliminates multiple registration  EA allows registration using ID or PP. An amendment to allow Waiting Card was passed on 6 th Dec 2012 but was not assented to by the President.  Art. 82(1)(e) provides for progressive registration of Kenyans residing outside Kenya – Commission commenced with 4 EA Countries; Uganda, TZ, Rwanda and Burundi (10 th – 25 th Dec, 2012) 7

IEBC (b)Regular Revision of the Voters‘ Roll  Art. 88(4)(b) of the Constitution and s. 8(2)(a) of the Elections Act, 2011 provide that the Commission shall regularly revise the Voter’s Roll  The Commission is required to do this to:  Delete names of deceased voters  Take into account delimitation or review of boundaries of constituencies or wards  In the event of alteration of county boundaries in accordance with Art. 94(3) of the Constitution  Fresh or continuous registration of voters 8

IEBC (c)Delimitation of Constituencies and Wards  Art. 89(3) and S. 27 of the Sixth Schedule of the Constitution provide the general principles, the manner and frequency of delimitation of boundaries of constituencies and wards  The Fifth Schedule of IEBC Act, 2011 provided the mechanisms for completing the First Review (as undertaken by IIBRC)  In accordance with s. 3(6) of the Schedule, the Commission gazetted the Final Report outlining the number, names and delimitation of boundaries for constituencies and county assembly wards; and the specific geographical and demographical details relating to such delimitation  Challenges were filed with the High Court and Orders granted  The Commission complied with the Court Orders and Addenda to the Final Report were gazetted 9

IEBC (d)Regulation of the Process by Which Parties Nominate Candidates for Elections  Art. 88(4)(d) of the Constitution requires the Commission to regulate the process by which parties nominate candidates for elections  Ss of the Elections Act, 2011 provide the mechanisms for parties in nominating their candidates  The Commission has been working closely with political parties in ensuring that this mandate is actualized:  Parties submitted their nomination rules which can be revised up to 14 days before the election – these must comply with constitutional and legal provisions  Signing of Codes of Conduct under the Political Parties and Elections Acts (these are binding, breach of which is an election offence)  Development of procedures and mechanisms for the allocation and distribution of special seats in the Party Lists (to the NA, Senate and CA) 10

IEBC (e) 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  Administrative Mechanisms:  The Commission published Dispute Resolution Rules in accordance with the Constitution and the Elections Act, 2011  Guidelines to operationalize the Rules have also been developed  The Commission is part of the Judiciary Working Committee on Elections, whose ToRs is to look at how to best address disputes after elections Made amendments to the Elections Act to clearly provide for filing of election petitions for other elections (other than Presidential) and for appeal mechanisms Developed Election Petition Rules in collaboration with the Judiciary  Training of election officials and members of Peace Committees and CMPs on conflict management and dispute resolution  Early Warning Tools to detect possible signs of impending conflicts 11

IEBC (e)Settlement of Electoral Disputes (Cont’d)  Institutional Mechanisms -  Political Parties Dispute Resolution Tribunal in place  Electoral Code of Conduct Enforcement & Compliance Committee established – to monitor and enforce compliance with the Electoral Code of Conduct  Dispute Resolution Committee (ad hoc) constituted to deal with disputes arising out of nominations  Investigation & Prosecution Unit – set up and operational (working closely with ODPP and the Police)  Political Parties Liaison Committees – National and Counties  Conflict Management Panels – Constituencies  Peace Committees – Constituencies 12

IEBC (f) the registration of candidates for election  Registration of candidates is through Commission Nomination where candidates are cleared to contest in the elections  Election Notice published on Jan 3, 2013 outlining details of key activities  Jan 29 th Jan – Feb 1 st, 2013 are designated for nominations:  Presidential Nomination: Jan th 2013 at KICC  National Assembly Nomination: Jan 31 st – Feb 1 st 2013 at the Constituency Office  County Woman Representative to the National Assembly: Jan 31 st – Feb 1 st 2013 at the County Office  Senate Nomination: Jan 31 st – Feb 1 st 2013 at the County Office  Governor Nomination: : Jan 31 st – Feb 1 st 2013 at the County Office  County Assembly Nomination: Jan 29 th – 31 st Jan 2013 at Constituency Office 13

IEBC (f) the registration of candidates for election (cont’d)  Political Parties are to submit their Party Lists in accordance with Articles 90(1), (3), 97, 98 and 177 of the Constitution  The Commission will be publishing the formulae and the allocation procedure, which parties are obligated to adhere to  Submission of Party Lists is required to be on the same day as the Commission Nomination:  Party List for Nominees to the National Assembly: Jan 31 st 2013 at IEBC Headquarter Office  Party List for Nominees to the Senate: Jan 31 st 2013 at IEBC Headquarter Office  Party List for Nominees to the County Assembly: Jan 29 th 2013 at IEBC Headquarter Office 14

IEBC (g) Voter Education  Curriculum/Manuals/Handbook for voter education developed as reference on voter education  Voter education on all key electoral processes:  During boundaries review and after confirmation of new boundaries  Sensitization on voter registration and during voter inspection  Voter education on the elective positions, on the electoral process, etc  Engaged Voter Education Providers from every constituency  Working closely with all key stakeholders in elections; political parties, media, including state actors such as security agencies, K-Nice, NCIC, Judiciary and non-state actors such as Amkeni waKenya, Uwiano Platform, etc.  Bi-monthly meetings with CSOs working in elections, observers, etc. 15

IEBC (h)Facilitation of Observation, Monitoring and Evaluation of Elections  The Directorate of Voter Education & Partnerships deals with voter observation, while that of Research & Development deals with Monitoring and Evaluation of Elections (whose feedback on the evaluations and research informs Commission activities and processes)  Voter Observation Guidelines developed and shared  Accreditation of Observers and Agents for elections is ongoing (through an Accreditation Desk in the Directorate) – over 8000 have so far been accredited  Voter Observation Briefing to accredited domestic and international observers to be conducted closer to elections  The Commission has been working closely with domestic observer groups such as ELOG, CJPC, etc whose feedback has positively informed processes towards elections 16

IEBC (i)Regulation of the Amount of Money that May be Spent by or on Behalf of a Candidate or Party in Respect of any Election  This is a first in Kenya – it is intended to regulate campaign expenditure so as to create level playing field for all players  The Election Campaign Financing Bill, 2012 was published on Nov 29, 2012 (It has only gone through the First Reading – unlikely to apply to the first elections)  Once passed, the following will follow:  Development of Regulations envisaged therein  The Commission to develop Spending Limits in consultations with political parties and other stakeholders in elections  Revise the timelines in the law accordingly 17

IEBC (j)Development of a Code of Conduct for Candidates and Parties Contesting Elections  Two Sets of Codes:  Code of Conduct under the Political Parties Act, 2011 (which all parties have signed as part of the requirements for full registration)  Code of Conduct under the Elections Act, 2011 – This will be subjected to all candidates (including independent candidates), observers, agents and journalists accredited to report on the elections  Breach of any provision of the Code is an election offence 18

IEBC (k)Monitoring of Compliance with the Legislation Required by Article 82 (1)(b) of the Constitution Relating to Nomination of Candidates by Parties  Electoral Code of Conduct Enforcement & Compliance Committee established by the Commission to monitor and enforce compliance with the Electoral Code of Conduct  Committee is composed of all 5 Commissioners and members of Secretariat from relevant Directorates, including RPP 19

IEBC (l)Investigation and Prosecution of Electoral Offences by Candidates, Political Parties or their Agents Pursuant to Article 157(12) of the Constitution  The Department of Prosecution and Investigation established and personnel recruited and trained  The Department is working closely with ODPP, the Police, the Judiciary and with other relevant agencies in the performance of their functions  Investigation of electoral offences by candidates or political parties or their agents is ongoing and evidence is documented for purposes of prosecution and possible disqualification to contest in the elections 20

IEBC (m)The Use of Appropriate Technology and Approaches in the Performance of its Functions  The Constitution requires that whatever method to be adopted by the Commission should be simple, transparent and takes into account interests of persons requiring special needs  The Commission mainstreamed appropriate technologies throughout the electoral cycle:  General Administration; Financial, Transportation, Warehousing, Communication and Human Resources Functions – IFMIS, G-pay, Conference Calls, Regional Inter-connectivity, etc.  Voter registration – BVR  Nomination process – Nomination Software  Polling day, voter identification – Poll Book  Vote Tabulation and Transmission – EVT (Live Feed, Real Time, etc) 21

IEBC B. CHALLENGES IN IMPLEMENTING MANDATE  High public expectations  Time constraints  Low public awareness on the new constitutional dispensation  Incessant legislative amendments and delays in the publication of such amendments which in turn affect activity timelines and election preparations  Gaps in legislative framework – Pending Election Campaign Financing Bill, 2012 which was intended to create a level playing field  Insecurity threats; on voters, election officials and materials  Political impunity – e.g. voter bribery, intimidation, zoning, etc 22

. AHSANTE … 23