1. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (IEBC)
BRIEF TO PS TREASURY ON:
IEBC PREPARATIONS TOWARDS THE GENERAL ELECTIONS
PRESENTED BY AHMED ISSACK HASSAN, EBS
IEBC CHAIRPERSON
18th JULY 2012 .
18/JULY/2012

2. Thematic Areas/Constitutional Mandate Challenges Funding of Elections
ORDER OF PRESENTATION
Introduction
Thematic Areas/Constitutional Mandate
Challenges
Funding of Elections
The Gaps
Conclusion
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3. A. INTRODUCTION: IEBC MANDATE, Articles 88 and 89 of the Constitution
the continuous registration of citizens as voters;
the regular revision of the voters’ roll;
the delimitation of constituencies and wards;
the regulation of the process by which parties nominate candidates for elections;
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;
the registration of candidates for election;
voter education;
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4. IEBC MANDATE (Cont’d)
the facilitation of the observation, monitoring and evaluation of elections;
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;
the development of a code of conduct for candidates and parties contesting elections; and
the monitoring of compliance with the legislation required by Article 82 (1)(b) relating to nomination of candidates by parties.
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5. Additional Mandate, Section 4 of IEBC Act, 2011
the investigation and prosecution of electoral offences by candidates, political parties or their agents pursuant to Article 157(12) of the Constitution;
the use of appropriate technology and approaches in the performance of its functions; and
such other functions as are provided for by the Constitution or any other written law.
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6. B. THEMATIC AREAS: 1. DELIMITATION OF ELECTORAL UNITS – Article 89
The Commission gazetted Final Report of Boundaries of Constituencies and County Assembly Wards on 7th March 2012
132 Constitutional Petitions and Judicial Review Applications were filed at the High Court
The Petitions and Applications are to be heard and determined within 3 months (final determination), i.e. 7th July 2012
Unless the court rules otherwise, the Boundaries specified in the Final Report will be the new boundaries for Constituencies and County Assembly Wards
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7. 1. DELIMITATION OF ELECTORAL UNITS – Article 89 (Cont’d)
Fifth Schedule of IEBC Act, 2011 guided the completion of the “First Review”
The Fifth Schedule lapsed upon the gazettement of the Final Report by the Commission (7th March 2012), while the process under Article 89 of the Constitution guides subsequent reviews.
The Court will therefore need to give specific orders to the Commission on the way forward
Implementation of Court Orders - The court orders may include correction of glaring errors – Where IEBC will be required to publish a corrigendum to the Legal Notice on the Final Report to correct such errors
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8. 2. REGULAR REVISION OF THE VOTERS ROLL, REGISTRATION OF CANDIDATES FOR ELECTION – Article 88
After the final boundaries have been determined by the court, the Commission will undertake the following –
Mapping of existing polling stations
Reconfiguration of new polling stations within the final electoral areas
Coding of new polling stations
Fresh voter registration. Subsequently, there will be regular revision of the Roll
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9. Fresh Voter Registration to commence in Aug 2012
2. REGULAR REVISION OF THE VOTERS ROLL, REGISTRATION OF CANDIDATES FOR ELECTION – Article 88 (Cont’)
Fresh Voter Registration to commence in Aug 2012
Policy to rollout Biometrics Voter Registration countrywide
9750 Kits to be procured
Procurement Process almost complete
The 12.4 million voters registered for the constitutional referendum will be required to re-register afresh within the new electoral units and using biometrics features
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10. Legal Framework for the Regulation of nomination process-
3. REGULATION OF THE PROCESS BY WHICH PARTIES NOMINATE CANDIDATES FOR ELECTIONS – Article 88
Legal Framework for the Regulation of nomination process-
Political Parties Act, 2011 –
Code of Conduct for Political Parties (First Schedule of PPA)
Constitutions of Political Parties (Second Schedule provides a template of the content)
Parties that do not promote free and fair nomination process of candidates or do not adhere to laws relating to this process risk deregistration
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11. Electoral Code of Conduct – has the force of law
3. REGULATION OF THE PROCESS BY WHICH PARTIES NOMINATE CANDIDATES FOR ELECTIONS – Article 88 (Cont’d)
Elections Act, 2011 –
Provides that political parties shall nominate their candidates according to the party’s nomination rules (as submitted to the RPP)
Guides the time limit within which party nominations are to be done; at least 45 days before elections
The party nomination process is to be guided by rules that parties are to submit at least 6 months before their party nominations
Provides minimum qualifications for nomination of candidates; educational, leadership & integrity, etc
Party Lists – provides the manner of nominating and allocating special seats (women, youth, PWDs, workers, minorities, marginalized)
Electoral Code of Conduct – has the force of law
Regulations under both Acts
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12. 4. SETTLEMENT OF ELECTORAL DISPUTES – Article 88
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
Institutional Mechanisms -
Political Parties Dispute Resolution Tribunal
Electoral Code of Conduct Enforcement & Compliance Committee – to monitor and enforce compliance with the Electoral Code of Conduct
Dispute Resolution Committee
Political Parties Liaison Committees – National and County
Conflict Management Panels – Constituencies
Peace Committees – Constituencies
Investigation & Prosecution Unit – setting up ongoing
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13. 4. SETTLEMENT OF ELECTORAL DISPUTES – Article 88 (Cont’d)
Regulatory Framework
Legislative Framework; Constitution, Elections Act, Political Parties Act, Electoral Code of Conduct, Regulations under both Acts
Administrative mechanisms –
Early Warning Tool on impending conflict/violence
Conflict management panel during nomination process
Structured engagements with key stakeholders to address issues of concern
Guidelines
IEBC works closely with key stakeholders (state & non-state) on dispute resolution mechanisms
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14. 5. CIVIC/VOTER EDUCATION – Article 88
Voter education framework in the country –
Voter Education Curriculum/Manuals/Handbook – this will guarantee uniform messaging, quality of voter education and voter-friendly content with illustrative guide
Voter Education Providers –
Engagement of CBOs/FBOs and organizations/firms that work in civic/voter education:
Selection is based on an objective criterion
Recruitment from every constituency
Process almost complete – Accreditation of voter education providers
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15. 5. CIVIC/VOTER EDUCATION – Article 88 (Cont’d)
Commission working closely with other agencies, both state and non-state actors –
KNICE, Uraia, Amkeni, etc
Adopting a multi-pronged approach –
Media - radio, TV, social network
Face-to-face interactions through IEBC officials and/or voter educators
Tapping into school system – KIE, KSHS
Bi-monthly national stakeholder engagements with civil society organizations, media, political parties, etc
To cascade to constituencies
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16. Guidelines on Election Observation (domestic & foreign observers)
6. FACILITATION OF THE OBSERVATION, MONITORING AND EVALUATION OF ELECTIONS – Article 88
Election Observation
Guidelines on Election Observation (domestic & foreign observers)
Procedures for Accreditation of Observations – short & long-term observers
Working closely with domestic observer groups – ELOG
Training of Observers (starting with long-term observers) – advert to apply for long-term observers (in the papers today)
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17. Election Monitoring & Evaluation
6. FACILITATION OF THE OBSERVATION, MONITORING AND EVALUATION OF ELECTIONS – Article 88 (Cont’d)
Election Monitoring & Evaluation
Monitored and evaluated of all by-elections and the constitutional referendum – Reports inform subsequent Commission processes
Researches conducted to support the election processes -
Research on voter education needs – inform voter education strategies
Automation of electoral process – enhance efficiency of processes
Diaspora registration and voting – data informs Commission policies and decisions
Regular monitoring & evolution of IEBC Strategic Plan – calls for review of strategies based on dynamics and changing circumstances
Special voting – pastoralists, women in difficult circumstances, PWDs, sick, prisoners
Advance Voting – election officials
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18. 7. REGUATION OF CAMPAIGN FINANCES – Article 88
Draft Election Campaign Financing Bill, 2012
Developed through a consultative process with all key stakeholders in elections
Aimed at regulating sources of campaign funds contributed to candidates and political parties, set limits to these contributions to create a level-playing field and provides for accountability in expenditure through disclosure requirements and reporting to the Commission. Sanctions include fines and barring candidates/parties from contesting
Bill forwarded to State Law Office for onward transmission to CIC and thereafter, to the Cabinet for publication
The IEBC to publish a Gazette Notice with the spending limits once the law is enacted (through a consultative process)
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19. 8. MONITORING COMPLIANCE OF CODE OF CONDUCT – Article 88
In addition to the Constitution and the Elections and Political Parties Acts, the Electoral Codes of Conduct under both Acts have the force of law –
IEBC has set up an Electoral Code of Conduct Enforcement Committee
Continuous monitoring by Commission through RECs, CECs and other agencies partnering with the Commission
Structured engagements through PPLCs to enhance compliance with the law (national and county levels)
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20. 9. INVESTIGATION & PROSECUTION OF OFFENCES – S. 4, IEBC Act, 2011
Investigation & Prosecution Unit –
Recruitment of Investigators & Prosecutors
Training of Investigators & Prosecutors
Working closely with DPP and other relevant agencies in investigations and prosecutions of electoral offences
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21. system under development
10. USE OF ICT AND APPROPRIATE TECHNOLOGIES IN ELECTIONS – S. 4, IEBC Act, 2011
Voter Registration – biometrics voter registration
Electronic Poll Book – for electronic identification of voters during voting
Administrative Functions and Other Operations –
ERP – Enterprise Resource Planning System (Recruitment, Procurement, Warehousing, Fleet Management, etc)
Website & social media - voter education
LAN/WAN -
networking regional offices to the Head Quarters (advert in the papers today)
Mapping of Results on Digital Maps –
system under development
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22. Electronic Transmission of Results
10. USE OF ICT AND APPROPRIATE TECHNOLOGIES IN ELECTIONS – S. 4, IEBC Act, 2011 (Cont’d)
Electronic Transmission of Results
From County Assembly Ward, Constituency and Counties to National Tallying Centre
Counting and Declaration to follow predetermined sequence
Key stakeholders will be involved in testing the results transmission system and their feedback will be considered before rolling out the system
Signal feed to media houses to relay results as they become available
Results will be displayed publicly at constituency, county and national tallying centres
Electronic transmission system will give regular updates on voter turn out
Provisional results will also be posted on the Commission website ( in real time
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23. C. CHALLENGES OF IEBC IN IMPLEMENTING MANDATE
High public expectations – ECK, IIEC, IEBC to raise the bar higher
Time constraints – Timely conclusion of boundaries cases which should inform voter registration and mapping of polling stations
Low public awareness on the new constitutional dispensation
Gaps in the Constitution and legislative framework – two- third gender threshold, pending Statutory Law (Miscellaneous Amendments) Bill, 2012
Insecurity threats; on voters, election officials and materials (MRC, Al-Shabaab, etc)
Low political will by political leaders
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24. C. CHALLENGES (Cont’d)
Political impunity – e.g. voter bribery, intimidation
Dealing with the effects of ‘party hopping’ and how to effect the ‘deeming’ provision
Vetting –
Vetting and clearance of potential candidates – Leadership & Integrity Bill, 2012
Vetting of supporters to all 6 elective positions – overwhelming numbers (supporters of party candidates and supporters of independent candidates)
Liaison between the Commission and the Office of the RPP being an independent state office under the Political Parties Act
Resource constraints; human and financial
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25. D. THE GAPS Legal Framework
Attainment of the two-third gender threshold in elective positions (nomination process may take care of the quota in the nominative positions)
No clear mechanisms to address disputes arising between the 2nd & 3rd presidential candidates in the first round, time period too short (run-off to be held within 30 days of the first round)
Enactment of Election Campaign Financing Bill, 2012 to regulation of campaign expenditures by candidates and parties
No clear mechanisms on how to operationalize the ‘deeming’ provision with regard to party hopping and who bears this responsibility
Addressing proposals in the State Law (Miscellaneous Amendment) Bill, related to the Commission mandate
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26. Financial Resource Gap
E. THE GAPS (Cont’d)
Subsidiary legislation –
Regulations on the Acts awaiting stakeholder consultations
Stakeholder Consultative meeting planned for the week of 18th June 2012
Financial Resource Gap
Reduction of budget from Kes 25b to 17.5b (Deficit of Kes 7.8b)
Heavy budget cuts in key processes
Technical Expertise & Capacity Building
Training of Investigators & Prosecutors
Training of Peace Committees
Training of Political Parties, candidates, observers (long-term)
Managing the regulation of campaign expenditure committees (under the Draft Election Campaign Financing Bill, 2012)
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27. F. CONCLUSION Lobby for political goodwill in the process
Commission to work within budget constraints
Seek for additional support from partners in implementing mandate –
Voter Education – Media, publicity, IEC/Voter Education Materials & in community mobilization
Training & Capacity Building – Investigator & Prosecutors, Peace Committees, Political Parties
Technical Support
Work closely with relevant state and non-state agencies towards peaceful elections –
Security: Office of the President/Ministry of Internal Security, NCIC, KNHRC, Observer groups, etc
Effective election operations – registration of persons, Diaspora, etc: Ministries of Immigration, Foreign Affairs,
Effective legal framework: State Law Office, KLRC, National Assembly and key stakeholders in elections
Lobby for political goodwill in the process
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28. AHSANTE … .
18/07/2012