Kenya has new guidelines for selecting election officials.
The President of Kenya, William Ruto, has signed the Independent Electoral and Boundaries Commission (Amendment) Bill into law. It modifies the panel that chooses individuals to serve on the country’s Independent Electoral and Boundaries Commission.
The commission is a national agency charged with promoting and sustaining constitutional democracy in Kenya. It administers elections, registers residents to vote, and maintains the voter registration list. It also establishes the borders of election districts and seats. It resolves electoral disputes, registers candidates, and provides voter education.
Since its inception in 2011, however, the commission has been at the center of Kenya’s post-election violence.
In 2013, 2017, and 2022, the losing parties accused the government of failing to manage elections properly and legally.
In 2017, the Kenyan supreme court charged the election commission of “mismanagement” In the 2022 elections, the then-vice-chairperson of the commission, Juliana Cherera, denounced the presidential poll results prior to their formal release.
Raila Odinga, who was defeated in that election, advocated for reforms that would make the electoral commission a more impartial arbiter of the country’s elections.
The new law aims to streamline the process of appointing electoral commission members, making the selection process more inclusive and representative of the country’s diversity.
And it arrives at a crucial time. Currently, seven commissioner posts are empty.
A weak electoral agency poses four major threats to Kenya’s democracy: it will fail to conduct fair, free, and credible elections; it will impede the country’s transition to democracy; it will perpetuate the culture of post-election violence; and it will divide the country’s diverse ethnocultural groups.
Therefore, it is essential that the Independent Electoral and Boundaries Commission be a robust, fully-functional organization staffed by Kenyans committed to democratic governance.
The new law increases the number of independent commissioners and associations involved in the selection procedure. Previously, only three agencies, the Parliamentary Service Commission, the Inter-Religious Council of Kenya, and the Law Society of Kenya, nominated the seven commissioners. There are now five. The Political Parties Liaison Committee and the Public Service Commission are the newcomers. They facilitate the participation of political parties and the public sector in this crucial process.
It is essential that the selection panel include state and non-state election integrity promoting organizations. Only Kenyan nationals who meet the integrity standards of Chapter 6 of the constitution are eligible to serve on the selection panel. These individuals must possess a degree from a Kenya-recognized university.
THE VACANCIES IN THE COMMISSION
Three of the commission’s current vacancies were anticipated to be filled by commissioners whose tenure had ended. However, four other commissioners resigned under suspicion.
After being suspended for their behavior during the 2022 election, Cherera, Justus Nyang’aya, and Francis Wanderi resigned. They had claimed that commission chairman Wafula Chebukati had manipulated election results in Ruto’s favor. Irene Masit, another commissioner, was also suspended. She is currently facing charges before a tribunal probing the incident.
Elections are a fundamental aspect of any democracy. They aid in the formation and maintenance of democratic and development-promoting institutions.
They serve as a check against the government. Elections place the ability to change the government and select more effective leaders in the hands of the general populace. Additionally, they provide historically underrepresented populations a voice.
For elections to serve these purposes, they must adhere to some minimum requirements. They must be consistent, equitable, costless, competitive, inclusive, transparent, and believable. They must be carried out in accordance with the constitution.
It is therefore essential to have a robust, independent, and functional electoral agency.
A weak and ineffective election commission in Kenya will have disastrous effects.
First, the failure to hold elections that are viewed as free, fair, and credible by the majority of Kenyans might lead to the same type of violence that the country saw after the 2007 presidential election. More than a thousand individuals died.
Second, a weak commission can impede efforts to strengthen the election system in Kenya. A powerful commission establishes norms of behavior for political candidates and parties. This helps prevent many types of political opportunism, such as corruption.
Thirdly, politicians and their supporters can utilize a dysfunctional electoral commission to monopolize political arenas. This has been the case in Cameroon since 1990, when the ruling party has marginalized the opposition to remain in power. Since 2005, President Faure Gnassingbé of Togo has monopolized political space.
Additionally, teachers in Kenya are arrested for pushing students to mimic sex.
In Kenya, the electoral commission is responsible for demarcating election districts. Any vulnerability in the commission can be exploited to benefit specific politicians and their followers by establishing boundaries. This would erode democracy and breed mistrust in the democratic institutions of the country.
The new law does not match the aspirations of all of Kenya’s political constituencies; some individuals and organizations believe their voice on the selection panel has been diminished. Nonetheless, it is crucial that all Kenyans see these reforms as a step in the right path — toward a stronger and more inclusive commission.
»The new law could strengthen democracy in Kenya«
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