IEBC bosses with one of the EU Observer Mission official. [Photo|@BreakingNewsKE]
Below are some of the recommendations that the European Observer Mission in Kenya, has issued, Monday, to the IEBC, and the political players, ahead of the October 26 fresh presidential election.
"1. Adopt policies and plans for 1) timely reform actions for the re-run 2) regular and meaningful stakeholder consultation and 3) frequent comprehensive public communication.
After some delay, the IEBC has given public information on its reforms, including a list of 10 improvements.Consultation was initially lacking, for example on the election date. However, the Chairperson then proposed weekly meetings with candidates’ representatives (although these did not work out), and the IEBC maintained an open-door policy, has organised meetings with each camp and has also given written responses to NASA’s requests (its “irreducible minimums”). Consultation meetings have been held with religious leaders and observers. While public information has been lacking, the IEBC has stated it will be undertaking regular news releases and daily updates.2. Develop more detailed and transparent procedures for the counting, tallying and results transmission processes (including scanning and the “complementary mechanisms” to be used in case of technology failure). Make these publicly available ahead of the election, and train staff accordingly with clear, unequivocal written instructionsThe IEBC has developed more elaborate and clearer procedures with improved instructions for presiding officers and returning officers, including Quick Reference Guides. Accountability and awareness could be improved by making the guides fully public. On 12 October the IEBC gazetted the results path and the complementary mechanism for results transmission in case of technology failure at a polling station.4. The EU EOM has observed improved staff training, with lessons learned from field staff, review of legal compliance with the Supreme Court ruling, and more emphasis on the results process. However further clarity is still needed on how the 34B forms (from constituencies) and the 34C form (at the national level) will be compiled. Any further changes to procedures will need to be clearly communicated to staff and the public as soon as possible.3. Improve the results transmission software and network selection provision, so that 34A polling station results forms are reliably sent through the KIEMS.A modification has been made to the Kenya Integrated Elections Management System (KIEMS) results software so that now polling station scanned results forms (34As) and keyed-in results must be sent simultaneously, thereby in principle allowing all 34A forms to be transmitted promptly and made available to the public swiftly. Improvements have reportedly been made in the selection of mobile network operators, so a greater number of polling results should in principle be sent immediately from polling stations. The IEBC has also gazetted that if results cannot be electronically transmitted from the polling station, this must be done at the nearest location with network coverage or at the constituency tallying centre.4. Arrange for constituency tallying centres to project and display the real-time entering of data on to 34B forms by ICT clerks, so that all agents and observers can see what exactly is being talliedThe IEBC has committed to visually projecting polling station results as they are entered into the spreadsheetused for tallying in all constituencies. This will enable candidates’ agents and observers to see exactly hownumbers are being added up and if there are any errors or omissions. Any problems can then be identifiedand addressed before constituency results are announced.5. Standardise constituency results forms used (34Bs), complete with security features, and take necessary measures for their consistent and accurate use by Returning Officers.The IEBC has developed 290 customised Excel spreadsheets with a standard layout.There has been increased emphasis in training on the use of individually-serialised forms with security features for all pages of the 34B forms, correct printing of data on to the statutory forms, stamping and signing, and completing the handover sections. The IEBC has committed to inviting agents to inspect draft versions of results forms, thus enabling corrections to be made before results finalisation.6. Ensure that all forms 34Bs and 34As are published on the IEBC website promptly to allow time for checking and preparation of possible petitions. Account for any updates of scans, with time stamps and original copies kept available on the portal.The IEBC has this time arranged for the automatic uploading of 34A forms to the public portal, rather than the manual process used in August. Reportedly, the uploading of forms should start without delay and with progressive updates at 30-minute intervals. Any problems with this will need to be noted to stakeholders, with explanations given on any changes. The IEBC reports that the 34B forms will this time be uploaded within the KIEMS system and promptly published on the public portal.7. Improve accountability mechanisms for cases when a voter’s biometric data is not matched in the Kenya Integrated Elections Management System (KIEMS) kits in polling stations, so there is a complete record of who has voted.Some stronger accountability mechanisms are planned, including more comprehensive records of who has voted through the use of forms and marking of names in the voter register.However the KIEMS identification software has not been sufficiently improved, making the proper use of procedures all the more important (this has been emphasized in training sessions).8. Undertake full field pilot testing of procedures and technology. Provide public information on testing processes and results, and follow up with stakeholder discussion.Regrettably, the IEBC states that no pilot testing of technology is planned due to late changes in the process, including the number of candidates. However, an external certification of the KIEMS system and cloud server is being conducted, primarily for assessing security. Public information is needed on the methodology of any testing that is undertaken, as well as on test results. Simulations are warranted, particularly of compilation of 34B forms at the constituency level and the 34C form at the national level.
9. IEBC own and be fully responsible for critical ICT results systems and information, and allow controlled stakeholder access.
Crucially, the IEBC has stated that agents and observers will get access, on a read-only basis, to information transmitted from the KIEMS to the servers.
Although the IEBC reports that it is now “in charge” of its ICT results system and that there are stronger checks and balances, institutional ownership generally remains an area for improvement.
Dependence on the capability of private service providers has impacted the timelines and can create additional pressures on the institution.
For political contenders:
10. Organise agents in each tallying centre and polling stations and check results accordingly.
A new arrangement for submission of agents’ details is needed following the 11 October High Court decision resulting in all presidential candidates from August being allowed to run.
The IEBC is expected to allow up to five agents per party/candidate in each tallying centre, which in principle would allow forconstant and robust coverage. Jubilee Party report that they have finalized recruitment of 41,000 agents to be deployed in each polling station and tallying centre. The financial costs of recruiting and paying for such a number of agents can be a burden for political parties.
11. Respect institutions
Respect for key state institutions has deteriorated with increasingly attacks undermining democratic functioning. NASA’s announcement on the withdrawal of its candidates referred to the “criminal enterprise that perpetrated the fraud in the August election is firmly in charge of the Commission”.
NASA MPs have not participated in the opening of Parliament nor the select committee on the Elections Law (Amendment)Bill. Leaders of the ruling Jubilee Party have continued to strongly criticise the judiciary with derogatory language, including senior officials alleging “infiltration by NASA”.
There is a strong concern among a variety of stakeholders about political reprisals by the executive against the judiciary, including cuts to budget and staff.
12. Avoid hate speech and use language to build and unite the nation
The National Cohesion and Integration Commission (NCIC) reports an increase in the number of cases of hate speech, with over 300 under investigation. This is despite a few more arrests of prominent politicians from both camps. Slogans and campaign messages often address the need for one united Kenya, yet actions from both political sides appear to be divisive,with risk of exacerbating ethnic tensions."