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Open in new tab Kura Yangu Sauti Yangu Closing Remarks on the National Elections Conference.
As a citizens’ movement and platform for dialogue on election-related issues, Kura Yangu Sauti Yangu (KYSY) is pleased that its desire from the outset when it was formed by a group of NGOs and civil society organizations to initiate public dialogue on the electoral process and the state of preparedness as the country moves towards the 2017 elections has finally been appreciated and taken place. This is the way to go.
Indeed, if this national dialogue that we are concluding today were to happen in accordance with the wishes of KYSY, it would have been held last year. But as we all know, the IEBC commissioners that held office before the current team came into office was so maligned that at some point, appearance of any member of the team, particularly its chairperson was an exception rather than the norm. I remember how appearance of Isaac Hassan at a function at a Nairobi hotel late last year was treated with some degree of pleasant surprise and excitement because of his predictable absence in many a public function to which he had been invited earlier.
In championing for a national dialogue on elections, our goal has always been to realise free, fair, credible and peaceful elections.
The agenda for the National Election Conference as KYSY had envisaged it included frank discussions on the credibility and legitimacy of the IEBC as then constituted. Had the IEBC taken up the initiative, the street demonstrations that characterised the period preceding the exit of the Isaac Hassan-led team would, perhaps, have been avoided. Lack of leadership, particularly at the national political level put paid to the painstaking efforts that KYSY made to reach out to the various stakeholders, including the government of the day on this particular issue..
By the time some level of consensus was reached on how to exit the former IEBC team, time to discuss with their involvement the issue of its loss of credibility and legitimacy had been lost, leading to their disgraceful exit. But most of the issues have remained relevant and have been exhaustively discussed and workable proposals made at this historic conference.
We in KYSY are glad that issues relating to discrimination in electoral governance – the 2/3 gender principle, participation of ethnic minorities and persons with disabilities have been discussed and found redress in this conference.
Equally gratifying was that the vexed issue of dispute resolution in electoral governance and coordination among public agencies working on elections found its way into the agenda and animated discussions that have characterised this conference. That issues relating to credibility of the electoral governance process, with respect to the voters register and the use of technologies were subjects of passionate and informed discussion during the conference.
As a co-convener of KYSY, I enjoyed the spectacle of seeing the Inspector General of Police dripped in sweat as he struggled and fumbled to find answers to extremely challenging and difficult questions. This was in keeping with the desire of KYSY that issues relating to security in electoral governance be discussed publicly and candidly. It is the only way that as a country, we can collectively ensure that there are adequate accountability mechanisms in place for broadly acceptable public order policies around the elections.
We had the opportunity to discuss the recurrent issue of election violence, its manifestations and how collectively we can stem the vice. Of regrettable note is that most perpetrators of electoral violence and the brains behind them are more often than not never brought to book, as no one has been comprehensively prosecuted for election violence in the country. This trend has the effect of emboldening the perpetrators to become entrenched in the act.
It was obvious during the discussions that architects, sponsors, and perpetrators of violence before, during and after the elections seem to enjoy complete impunity because of both the powers of intimidation they wield and the tacit acceptance of their conduct by police and government officials at all levels. The levels of violence and electoral fraud witnessed recently in the party primaries not only added to the litany of electoral malpractices experienced in the past but may also have set the tone for another wave post-election violence as witnessed in 2007.
We all witnessed despicable incidents of violence in all parts of the country. Political actors across the board whether in government or in opposition were guilty as charged in the court of public opinion yet none of those involved have been charged in the courts of law. This is an indictment on the National Intelligence Services, the Criminal Investigations Department, the Regular and Administration Police and the Office of the Director of Public Prosecutions. Kenya’s democratic history has shown an electoral and political violence that often times threatens the country to its very foundation, making it nearly impossible to consolidate democratic gains that we have made as a country.
Under these circumstances, one feels a sense of compunction referring to the country as a democratic state even though some operators vehemently lay claim to it.
Article 38 of the Constitution of Kenya guarantees every citizen the right to free political choices, including the right to form or participate in forming a political party; to recruit members for a political party and to campaign for a political party or cause. More profoundly, it guarantees every citizen the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors.
It is President Johnson of the United States of America who said as he signed the Voting Rights Act more than 50 years ago that “the right to vote is the basic right, without which all rights are meaningless”. While some of you here may say that the assertion is debatable, there is no denying the fact that it is on the basis of the mandate that we delegate to our elected leaders and those they appoint thereafter that we demand that they ensure that we are secure, and our right to food as protected under the Constitution is premised. This was recently witnessed in the public debate that has ensued around the skyrocketing price of our staple food - maize flour. This is what makes My Vote, My Voice hence Kura Yangu Sauti Yangu.
Yet at a time when we should be expanding opportunities and spaces for greater enjoyment of fundamental human rights and civil liberties – freedoms of association, assembly and expression, civil society organizations have not been able to operate as independent actors in the political and governance processes optimally as they ought to.
The civil society has been the target of unfair administrative actions that increasingly make it difficult for the citizens and their voluntary organizations to flourish and execute their traditional mandate of providing civic and voter education.
When the people of Kenya embarked on the process of making a new constitution for themselves, their common desire was to realize a society in which human rights are respected; the individual's dignity and worth are acknowledged; in which the rule of law is observed; the people willingly fulfill their responsibilities, and in which the common good is the concern of all.
But all these democratic ideals still make only good reading and no practice more than six years after the Constitution was promulgated.
We have heard the Cabinet Secretary for Interior ban peaceful protests three months ahead of the elections as if there is something about the forthcoming elections that he knows will happen that the rest of us do not know.
The tragedy is that his pronouncements on the illegal bans come despite the fact that there are no parts of the Constitution that have been suspended nor is the country in a state of emergency to warrant such pronouncements.
He must be told in no uncertain terms that such whimsical bans are not only unconstitutional and illegal but are completely unwarranted and unwelcome.
Sometime late last year, the Principal Secretary in the Ministry of Interior Karanja Kibicho sent a circular to all County Commissioners that they will be individually held responsible for the activities of NGOs and CSOs operating in their areas of jurisdiction. As a result of this unwarranted circular, NGOs and CSOs have become the subjects of harassment and intimidation by the administrators in the counties. As we endorse the resolutions of this conference, we must also demand in the same breath that the Ministry of Interior withdraws that circular, for there cannot be free and fair elections when citizens and their civil society formations operate in an environment that is not conducive for their optimal engagement in the electoral processes and implementation of the resolutions of this conference as independent actors in the political life of this great nation.
We must congratulate ourselves, the organizers – IEBC, Ethics and Anti-Corruption Commission and Kura Yangu Sauti Yangu, all participants and friends of Kenya who made it logistically possible for us to hold this conference. The resolutions that the CEO of the IEBC has just read out, and which we have unanimously adopted should not be seen as an end in themselves but means to a greater end.
They are part of the dialogue process. Faithful implementation of the resolutions is a collective task that each and every one of us must now take up as a national duty, with the IEBC providing the leadership as the primary duty bearer on electoral matters. The IEBC will however require the support and assistance of the entire State machinery if it is to achieve the set objectives. It is the hope of KYSY that the State will give its utmost support, and not undermine the implementation of the resolutions that we have adopted in collaboration and consultation with all its relevant agencies. It is a solemn oath that we must all swear to protect and implement to the letter.
As KYSY, we pledge to continue to partner with the IEBC in all the follow-up activities that will result from this conference. We will work with our members and partners to closely monitor the implementation of the resolutions and help out where we can in their implementation. Thank you and may you all have safe journey back home”
The Secretariat,
Kura Yangu Sauti Yangu - Coalition
Kenya Human Rights Commission [KHRC]
Opposite Valley Arcade Shopping Center, Gitanga Road
P. O. Box 41079 - 00100, Nairobi
Website: www.khrc.or.ke / www.kurayangusautiyangu.org
Media Inquiries: CKamatu@khrc.or.ke
Kura Yangu Sauti Yangu Key Note Address during National Elections Conference
By George Kegoro - Executive Director, Kenya Human Rights Commission
Released on 13th June 2017
Kura Yangu Sauti Yangu is grateful to the IEBC and the EACC for the partnership that has yielded this conference. Kura Yangu Sauti Yangu is a coalition of civil society organisations that promotes political dialogue as part of the preparations for the elections in August. The Kenya Human Rights Commission, where I work, serves as the secretariat for Kura Yangu Sauti Yangu.
As the country goes into elections in less than two months, the overriding concern is whether there will be peace, or elections, like so many in the recent past, will be accompanied by violence . Already, we have had some violence around the country. The party primaries were marked by the death of three candidates as well as by multiple incidents in which polling stations were violently stormed, election materials destroyed and observers assaulted. There were also incidents of police use of excessive against civilians. Sadly, we have come to treat these isolated incidents of violence as normal, but they are not. Every situation in which violence is expressed for political reasons is completely avoidable, and should lead to most intensified levels of concern on the part of the population and the authorities.
The country is also facing a situation of insecurity in the North Rift Valley, and that situation has gone on since February. There is fear that this violence could become more generalised and also that it could impact negatively on how the affected population participates in the elections, and, further, the quality of accountability for the electoral process in that part of the country.
A logical result of the fear of political violence is a rise in public campaigns for peace. Kura Yangu Sauti Yangu supports the campaign for peaceful elections. However, successful peace can only occur in the context of capable state institutions. An electoral commission that invests in technologies that fail on election day and that does not prioritize communication with the public so that the people know exactly what to expect on election day, a police service that does not adequately prepare for the crowd control challenges it knows will arise during elections, and a judiciary whose decisions on contested political issues fail to convince, are all a danger to the peace. Therefore, our desire for peace must translate into a demand for greater capability on the part of the institutions that are going to run the elections.
The desire for peace also demands for greater accountability from our elected leaders. Political leadership forms part of the capabilities we need to overcome the threat of political violence. Evidence from other countries suggests that even where there is clear data about the seriousness of a public problem, citizens look to political leaders before making a decision whether that problem is worth their attention or not. Political polarisation in Kenya systematically undermines the consistency of signals that the country’s leadership sends regarding political violence. If Kenya is to overcome political violence, the attitude of elected leaders along with that leadership’s commitment to sustainable and positive peace, and not just the capability of its institutions, must also be addressed.
An aspect of political leadership is the different capacities that a country nurtures to address its problems. Kenya overcame its worst political crisis, generated by the 2007 violence, by drawing on a variety of pillars, including those provided by external friends. In this regard, on behalf of Kenyan civil society, I express gratitude to the friends of Kenya, many of them represented at this conference, whose support Kenya relied on during the crisis and has continued to work with since then. These include the African Union, the European Union and various individual friendly governments, including the United States. We are encouraged by your continued interest in the stability of this country and, although we hope the role that you played in 2007 will not be needed this time, Kenyan civil society is grateful for your partnership and support.
Regrettably, however, the relationship between Kenyan civil society and the Kenyan government has faced challenges in the recent past, and we are making an appeal to the Kenya government to open channels of communication where those challenges can be discussed.
The IEBC, with which we are partnering in this conference, is emerging from a crisis of confidence that imperilled its mission after the 2013 general election. The country would spend the next four years debating how to address the crisis of confidence, during which there was virtual paralysis in preparations for the elections that are now less than two months away. Precious time was lost and needs to be recovered. Six months ago, ravaged by those controversies, the IEBC could not have convened a high level consultation of this kind. The fact that we are meeting here today, convened by the IEBC, is testament that the elections body is now on a path to recovery. It is also evidence that above all else, political leadership counts. Without the leadership that Parliament eventually provided, it would not have been possible to set the IEBC on the path that it is pursuing today.
While the IEBC is undoubtedly on the right course, a number of concerns related to the remainder of the current electoral cycle must be addressed immediately. This is not to dismiss the concerns that have already been raised over the past year – many of those, including campaign finance, gender rules, legal reform, adherence to integrity provisions, etc remain unresolved and critical. But given where we are in the timeline, we must now turn our focus to imminent concerns. There are many questions about the integrity of the voters register. To its credit, it is the IEBC pointed out some of those problems, which include shared ID numbers, ID numbers that are obviously wrong and deceased voters. Also, there is no clear information on the number of registered voters and how this number has changed since 2013. As this is an important control, this information should be clarified.
Second, credibility issues surround the method through which people get on the voters’ list: domestic observers witnessed an inconsistent and unregulated use of green books, and it is unclear how these will play a role on Election Day. The process through which people get onto the register is also questionable because there is widespread evidence of first-time registrants finding themselves already on the register, and of people who did register previously who are now not on the list at all.
Thirdly, the country needs more information on what technology the IEBC intends to use in the elections, and craves evidence-based assurances that the technology will work, and is accountable.
Fourthly, the KPMG audit has also brought to light a number of issues, including the myriad problems with the registry of deaths’ data, the 1 million plus deceased voters still in the register today, important irregularities with regard to passport numbers, ID numbers and duplicate registrations. KYSY appreciates KPMG’s honest assessment of the problems with the data on deaths in Kenya, but in order to assess the accuracy and completeness of these findings, it is important to know how complete the other data that KPMG received was, including from the passports and national ID databases. This is yet another reason why the final report must be made public.
While the IEBC has done well to convene us here, the remaining stages in the August elections depend on how the details will be addressed and we pledge our continuing support during the remaining stages of the elections.
The Secretariat,
Kura Yangu Sauti Yangu - Coalition
Kenya Human Rights Commission [KHRC]
Opposite Valley Arcade Shopping Center, Gitanga Road
P. O. Box 41079 - 00100, Nairobi
Website: www.khrc.or.ke / www.kurayangusautiyangu.org
Media Inquiries: CKamatu@khrc.or.ke
Kura Yangu Sauti Yangu Statement on the KPMG audit of the register of voters
It is to be recalled that the audit of the register of voters is one of the key decisions made by the Joint Parliamentary Select Committee on Matters Relating to the Electoral and Boundaries Commission, and that the purpose of the audit was to restore public confidence in the register of voters.
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Kura Yangu Sauti Yangu press statement on the ongoing Mass Voter Registration process
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Kura Yangu Sauti Yangu Statement as from August to November 2017
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Kura Yangu, Sauti Yangu statement on the selection of the IEBC chair and members
Kura Yangu Sauti Yangu would like to raise a number of concerns about the on-going recruitment of members of the next Independent Electoral and Boundaries Commission (IEBC). The recruitment process saw 15 candidates apply for the position of the Chair and 748 for the position of member. Of the 15 who had applied for the Chair’s position, 5 were shortlisted while 36 applicants were shortlisted for the position of member.
First, we demand to know the basis and criteria upon which the shortlisting was conducted. The publication of the long list only provided the academic qualifications of the applicants. There has been little or no public information on the other qualifications of the candidates that applied.
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Kura Yangu Sauti Yangu Press Statement on the Deliberations of the Joint Select Committee
Except for the 2002 General Elections, all elections in Kenya since the first multi-party elections in 1992 have either been violent or so badly managed as to threaten to turn violent. The abiding nature of this instability indicates the problem is institutional and structural rather than managerial and transitory.
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Kura Yangu Sauti Yangu letter on the Joint parliamentary select committe on IEBC Crisis
We welcome the announcement by the jubilee Coalition that it is willing to institute a process of national dialogue to resolve issues surrounding the IEBC ahead of the next elections. However, we have a number of concerns and proposal to make.
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