ELECTIONS COUNTDOWN TO THE MARCH 2013 GENERAL ELECTIONS:Interim Elections Monitoring Report

Abstract

Electoral processes in post-independence Kenya have been marked by some of the most aberrant forms of electoral malfeasance and human rights violation, with the 2007 general elections producing the greatest measure of electoral and human rights violations ever experienced in the country‟s history. In the aftermath of the post-election violence period several legal policy and institutional reform processes were initiated in a bid secure the country and its people against similar violations in the future. The most significant of these processes was the popular ratification and promulgation of the constitution of Kenya in 2010 which put in place a new regime of laws for the purpose of elections management. The Constitution of Kenya 2010, establishes a progressive set of laws, institutions and procedures related to elections including a devolved system of government, an independent elections management body and requirements for affirmative action measures meant to guarantee the representation of marginalized and minority groups within the country. Kenya Human Rights Commission (KHRC) has engaged in monitoring and advocacy around various electoral processes since its formation in 1992. In July 2012 KHRC undertook to monitor not just on the institutions and political personalities that will be involved in the electoral contest but has tried to capture the possible role and influence of the party that is most interested in the upcoming elections – the electorate This report looks primarily at analyzing the nations‟ readiness to conduct free fair and informed elections – less than a month away from the appointed date. The report first looks into the civic preparation of the voters to undertake the process of suffrage in a manner that is informed and responsible. This part of the report assesses the voters‟ knowledge and understanding of the elective choices that they will be making under the new constitution in March of this year. The report thereafter looks into the voter registration process, noting the various successes and challenges that were identified during the process. This part is followed by a review of the nomination process that was concluded in January 2013, providing an assessment of the challenges that hampered the process. The fourth part of the report seeks to itemize the developments of concern in the lead up to the general elections as they relate to the questions of security, use of public resources as well as incidences of violence and intimidation against women. This is followed by an assessment of the controversial question of leadership and integrity laws in Kenya as they relate to the electoral processes and the respective state institutions. The report concludes with an analysis of the implications of the findings in the preceding chapters and sets out the shorter and long-tem engagements that need to be undertaken to secure a more informed suffrage process if credible and accountable governance is to be realized in the aftermath of the 2013 elections.