INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION

(IEBC)

.BRIEF ON: IEBC PREPARATIONS TOWARDS

THE GENERAL ELECTIONS

PRESENTED BY AHMED ISSACK HASSAN, EBS IEBC CHAIRPERSON

8TH AUGUST 2012

8/AUGUST/2012

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ORDER OF PRESENTATION

A. Introduction

B. Thematic Areas/Constitutional Mandate

C. Challenges

D. Funding of Elections

E. The Gaps

F. Conclusion

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A. INTRODUCTION: IEBC MANDATE, Articles 88 and 89 of the Constitution

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;

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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.

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Additional Mandate, Section 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.

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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 04/21/23

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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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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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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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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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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 04/21/23

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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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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 GuidelinesIEBC works closely with key stakeholders (state &

non-state) on dispute resolution mechanisms04/21/23

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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 04/21/23

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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 04/21/23

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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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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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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) 04/21/23

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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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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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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 04/21/23

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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 (www.iebc.or.ke) in real time 04/21/23

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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 leaders04/21/23

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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 financial04/21/23

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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, 2012 related to the Commission mandate

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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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F. CONCLUSION

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 04/21/23

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8/8/2012

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AHSANTE …